Miller v. Hallock
Supreme Court of Colorado
Error to County Court of Arapahoe County. This was an action instituted by the plaintiff in error. to recover the alleged contract price of a quantity of wood delivered by said plaintiff to the defendant in error. 1 The complaint states that the wood was delivered on a contract entered into between the parties.
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Error to County Court of Arapahoe County. This was an action instituted by the plaintiff in error. to recover the alleged contract price of a quantity of wood delivered by said plaintiff to the defendant in error. 1 The complaint states that the wood was delivered on a contract entered into between the parties. It alleges that “during the months of September and October, 1882, the said plaintiff sold and delivered to the said defendant one hundred and ninety-five and .three-fourths cords of wood, in consideration for wrhich the said defendant then agreed and promised to pay plaintiff the sum…
1Opinion of the CourtBeck, C. J.
It is conceded by the parties to this cause that the man Sargent, who procured the shipment of the wood from the plaintiff Miller to the defendant Hal-lock, was a swindler, and that both plaintiff and defendant acted in good faith. Plaintiff’s counsel contends that the plaintiff is entitled to compensation from Hallock for his wood, because it was neither sold nor delivered to Sargent, but shipped to, received by, and converted to the use of, said defendant. In support of this theory, counsel cite the following cases, which are clearly analogous to this case, so far as the facts are…
2Cases cited5 opinions
- Tucker v. ParksSupreme Court of Colorado · 1883
- Mondran v. GouxCalifornia Supreme Court · 1875
- Moody v. BlakeMassachusetts Supreme Judicial Court · 1875
- Gregory v. HaworthCalifornia Supreme Court · 1864
- Klein v. SeiboldIllinois Supreme Court · 1878
3Cited by8 opinions
- Baker v. Gulf, C. & S. F. Ry. Co.Court of Appeals of Texas · 1916
- Greer v. HeiserSupreme Court of Colorado · 1891
- Tuckerman v. CurrierSupreme Court of Colorado · 1912
- Soden v. MurphySupreme Court of Colorado · 1908
- Rubie Combination Gold Mining Co. v. Princess Alice Gold Mining Co.Supreme Court of Colorado · 1903
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