Kilpatrick-Koch Dry-Goods Co. v. Box
Utah Supreme Court
Appeal from the district court of the Fourth judicial district, Territory of Utah. Hon. H. W. Smith, Judge. Action by the Ivilpatrick-Koch Dry-Goods Company, against E. A. Box. Judgment for plaintiff, and defendant appeals.
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Appeal from the district court of the Fourth judicial district, Territory of Utah. Hon. H. W. Smith, Judge. Action by the Ivilpatrick-Koch Dry-Goods Company, against E. A. Box. Judgment for plaintiff, and defendant appeals. The plaintiff commenced this suit by filing the following complaint, duly entitled, signed, and verified: “Plaintiff complains and alleges that it is a corporation existing and doing business under and by virtue of the laws of Nebraska; that defendant is indebted to plaintiff in the sum of three hundred five and sixty-nine one-hundredths dollars, for goods sold him by it…
1Opinion of the CourtZane, C. J.
The first question raised by the assignment of errors is, has the plaintiff stated a good cause of action in his complaint? The statement of the cause of action is as follows: That defendant is indebted to plaintiff in the sum of $305.69, for goods sold him by it within 18 months immediately prior to filing the complaint, and that the. same is due, and that no part thereof has been paid. These allegations were followed with a demand for judgment for $305.69 and legal interest from the day of filing the complaint. The indebtedness is alleged to be for *498goods sold, — not for goods sold and…
2Cases cited2 opinions
- Brown v. PickardUtah Supreme Court · 1886
- Liter v. Ozokerite Mining Co.Utah Supreme Court · 1891
3Cited by10 opinions
- Postal Tel. Cable Co. of Utah v. Oregon S. L. R.Utah Supreme Court · 1901
- Lane v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Oklahoma · 1907
- Toone v. J. P. O'neill Construction Co.Utah Supreme Court · 1912
- Marsh v. MathiasUtah Supreme Court · 1899
- Hecla Gold Mining Co. v. GisbornUtah Supreme Court · 1900
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