Legal Opinion

Baumgarten v. Hoffman

Utah Supreme Court

Decided June 15, 1893Published

Appeal from a judgment of the district court of the third district and from an order refusing a new trial, Hon. Charles S. Zane, judge. The opinion states the facts.

1Opinion of the Court

Mines, J.:

This action was brought to recover the price of a suit *339of clothes. The testimony upon the trial was conflicting. Plaintiff claims that the suit was ordered at' the price of ■$45; and was to be ready for delivery on the 4th day of, July; that on the 3d day of July,'about 3 o’clock in the afternoon, defendant came to his shop, and was informed the clothes would be ready for delivery about 5 or 6 o’clock that evening. Defendant wished the clothes sent to his room, so he could use them next day, and plaintiff declined to send them to his room unless first paid for, but said he would…

2Cases cited3 opinions

  1. People ex rel. Dickinson v. SackettMichigan Supreme Court · 1866
  2. Hopkins v. Ogden CityUtah Supreme Court · 1888
  3. Tiernan v. TrewickUtah Supreme Court · 1880

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