Lehow v. Simonton
Supreme Court of Colorado
Error to Probate Court of Arapahoe County. To a declaration containing the common counts in assumpsit, a plea of set-off, among others,, was filed, setting forth that “the plaintiff Simonton, and one W. Gr.
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Error to Probate Court of Arapahoe County. To a declaration containing the common counts in assumpsit, a plea of set-off, among others,, was filed, setting forth that “the plaintiff Simonton, and one W. Gr. Phifer, then and there, to wit, at the county of Arapahoe aforesaid, being copartners in the city transfer business, under the name and style of the City Transfer Company, were before the commencement of this action indebted to him, the defendant, in the sum of $2,000 for goods, chattels and effects before that time sold and delivered by the defendant to the said Simonton & Phifer at their…
1Opinion of the CourtWells, J.
1. Whatever may be the general rule in the case of a plea, qjtjs certain that the declaration in counting upon a promise good in parol by the common law, need not show a compliance with the requisites of the statute of frauds. The statute prescribes a rule of evidence, and not a *348rule of pleading. Steph. Pl. 313,* 374 *; Brown on Stat. of Frauds, § 505; 1 Chit. Pl. (16th Am. Ed.) 245.* Now the plea of set-off is in the nature of a declaration, and in respect to the degree of certainty required, is governed by the same rule. Waterman on Set-off, § 646. The question, whether the undertaking…
2Cases cited12 opinions
- Hendrick v. LindsaySupreme Court of the United States · 1876
- Exchange Bank v. RichMassachusetts Supreme Judicial Court · 1871
- Thorp v. . the Keokuk Coal Co.New York Court of Appeals · 1872
- Delaware & Hudson Canal Co. v. Westchester County BankNew York Supreme Court · 1847
- Meyer v. LowellSupreme Court of Missouri · 1869
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3Cited by9 opinions
- Grimes v. BarndollarSupreme Court of Colorado · 1914
- Commissioner of Internal Revenue v. WeiserCourt of Appeals for the Tenth Circuit · 1940
- Wilson v. LuntColorado Court of Appeals · 1898
- M. E. Smith & Co. v. WilsonCourt of Appeals for the Eighth Circuit · 1925
- Teller v. FergusonSupreme Court of Colorado · 1897
4 more not listed; retrieve them via the Exa API.