Kepley v. Carter & Suggs
Supreme Court of Kansas
Mr or from Shawnee District Court. All the material facts are stated in the opinion. 1. Under the pleadings, no judgment could be taken against Kaczynski, and it was error to permit it to be done. The admitted and confessed allegations in Kaczynski’s answer, as-matter of law, prevented Carter & Suggs from obtaining any judgment whatever, as against Kepley.
Read the full summary
Mr or from Shawnee District Court. All the material facts are stated in the opinion. 1. Under the pleadings, no judgment could be taken against Kaczynski, and it was error to permit it to be done. The admitted and confessed allegations in Kaczynski’s answer, as-matter of law, prevented Carter & Suggs from obtaining any judgment whatever, as against Kepley. The admissions in a suit, whether as to one defendant or more, are admissions for the entire action, and especially in a joint action against two defendants. 2. The court instructed the jury “that the plaintiffs deny all the allegations…
1Opinion of the Court
Opinion by
Green, C.:
This was an action brought by Carter & Suggs against R. B. Kepley and V. Kaczynski upon a written contract, by the terms of which the former agreed to deliver 2,000 loads of sharp river sand to Kepley for the agreed price of 65 cents a load. The sum of $500 was agreed upon as liquidated damages to be paid by the party failing to comply with the terms and conditions of the contract. Kaczynski signed the following guaranty for Kepley:
“In consideration of the premises above set forth, I do hereby guarantee that the said party of the first part will pay to said second parties…
2Cases cited4 opinions
- Markland Mining & Manufacturing Co. v. KimmelIndiana Supreme Court · 1882
- Kingsbury v. . WestfallNew York Court of Appeals · 1875
- Henrie v. BuckSupreme Court of Kansas · 1888
- Cooper v. Davis Sewing Machine Co.Supreme Court of Kansas · 1887
3Cited by8 opinions
- Cornett v. RothSupreme Court of Kansas · 1983
- TMG Life Insurance v. AshnerCourt of Appeals of Kansas · 1995
- Lamm & Co. v. ColcordSupreme Court of Oklahoma · 1908
- Burton v. DeweyCourt of Appeals of Kansas · 1896
- George E. Failing Co. v. Cardwell Investment Co.Supreme Court of Kansas · 1962
3 more not listed; retrieve them via the Exa API.