Londoner v. Stewart
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County The plaintiff had judgment, for the reversal of which this appeal is prosecuted. The- questions discussed are upon the admission of certain evidence, which is sufficiently stated in the opinion of the court.
1Opinion of the CourtHallett, C. J.
It appears that Stewart, plaintiff below, contracted with the Kansas Pacific Railway Company to deliver to the latter 50,000 ties at the rate of forty-eight cents per tie, the same to be paid for as they should be delivered in lots of 5,000. Under this contract part of the ties were delivered to the railway company, and defendants (plaintiffs in error), acting under written authority from Stewart, collected the money, which, became due therefor.
This action was brought to recover the amount so collected. At the trial plaintiff offered the contract between the railway company and himself, under…
2Cases cited4 opinions
- Burton v. DriggsSupreme Court of the United States · 1874
- Mauri v. HeffernanNew York Supreme Court · 1816
- Shepard v. GiddingsSupreme Court of Connecticut · 1852
- Shaw v. MasonSupreme Court of Kansas · 1872
3Cited by2 opinions
- Empire State Surety Co. v. LindenmeierSupreme Court of Colorado · 1913
- Pringey v. GussSupreme Court of Oklahoma · 1906