Legal Opinion

Denver Auto Goods Co. v. Peerless Radiator Co.

Supreme Court of Colorado

Decided January 15, 1917No. 8800Published

Error to Denver District Court. Hon. John A. ■Perry, Judge.

1Opinion of the CourtJustice Allen

This was an action brought by the Peerless Radiator Company against The Denver Auto Goods Company for the price of certain heaters, designed for the purpose of heating automobiles. The plaintiff claimed that the sale was made pursuant to a written agreement in the form of an order. i

The defendant interposed three defenses:

First. A general denial.

Second. It relied upon another alleged written agreement, also in the form of .an order, hut which was not an offer to purchase the goods outright; it contained, instead, language indicating that the goods were to be taken on consignment, as follows:

*550“I…

2Cases cited2 opinions

  1. Johnson v. KountzeSupreme Court of Colorado · 1895
  2. Green & Co. v. BradySupreme Court of Alabama · 1907

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