Parker v. Hays
Supreme Court of Kansas
Error from Coffey District Court. Hats and Fitzpatrick sued. Parker. Their petition set forth two causes of action — the first, for labor and material, furnished at defendant’s request, on which there was .claimed to be due $1,275 ; the second, “ on an account,” an which plaintiffs claimed $185: total claim, $1,460. 'The answer was a general denial.
Read the full summary
Error from Coffey District Court. Hats and Fitzpatrick sued. Parker. Their petition set forth two causes of action — the first, for labor and material, furnished at defendant’s request, on which there was .claimed to be due $1,275 ; the second, “ on an account,” an which plaintiffs claimed $185: total claim, $1,460. 'The answer was a general denial. On the trial defendant offered to prove by competent testimony, that he was not indebted to plaintiffs on the first cause of action set forth in their petition, and that he was not indebted to the plaintiffs on the second cause of. action set…
1Opinion of the Court
The opinion of the court was delivered by
Kinsman, C. J.:
The defendants in error brought an action against plaintiff in error for $1460, stating the same in two causes. The first set forth, that in the month of February, 1870, the plaintiffs at the request of the defendant hauled the sto.no and constructed upon a certain pier at the railway crossing on Turkey creek, in Coffey county, 196 yards of stone work of the second class of masonry, for which the defendant contracted and agreed to pay the plaintiffs $6.25 per yard, and the further sum of fifty cents per yard for all stone hauled over one…
2Cases cited3 opinions
- McKyring v. . BullNew York Court of Appeals · 1857
- Quin v. . LloydNew York Court of Appeals · 1869
- Marley v. SmithSupreme Court of Kansas · 1867
3Cited by2 opinions
- Mayer Coal Co. v. StallsmithSupreme Court of Kansas · 1913
- Schwartzel v. KarnesCourt of Appeals of Kansas · 1896