Smith v. Droubay
Utah Supreme Court
Appeal from tbe Third District Court, Tooele County, Hon-. A. N. Cherry, Judge. Action upon account for goods, sold and delivered. Defendant cross complained and alleged damages by reason of the failure and neglect of plaintiff to ship and deliver the goods in accordance with the terms of purchase.
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Appeal from tbe Third District Court, Tooele County, Hon-. A. N. Cherry, Judge. Action upon account for goods, sold and delivered. Defendant cross complained and alleged damages by reason of the failure and neglect of plaintiff to ship and deliver the goods in accordance with the terms of purchase. At the trial the court found the issue raised by the cross complaint in favor of the defendant, awarded him a certain sum in damages, off-set the same against the amount due the plaintiffs and rendered judgment in their favor for the balance. From this judgment plaintiffs appealed. The law defining…
1Opinion of the CourtBartch, C. J.
The' plaintiffs, as a co-partnership, under the name of M. E. Smith & Co., were wholesale dry goods dealers in Omaha, Nebraska, and brought this action upon an ac*448count for goods sold and delivered. The defendant, who was a retail merchant in this state, filed a cross-complaint wherein, among other things, it was alleged that the purchase of the goods which caused this controversy, was made August 5, 1897, through the plaintiffs’ duly authorized agent and salesman; that at the time of the sale the agent expressly agreed that all of the goods would be delivered to the defendant in Tooele City,…
2Cases cited4 opinions
- Keith v. Herschberg Optical Co.Supreme Court of Arkansas · 1886
- Murray v. BrooksSupreme Court of Iowa · 1875
- Talmage v. BierhauseIndiana Supreme Court · 1885
- Mabray v. Kelly-Goodfellow Shoe Co.Missouri Court of Appeals · 1898
3Cited by6 opinions
- Ludowici-Celadon Co. v. McKinleyMichigan Supreme Court · 1943
- Smith Table Co. v. MadsenUtah Supreme Court · 1906
- Budd v. Salt Lake City R.Utah Supreme Court · 1901
- Fort Dearborn Coal Co. v. Newaygo Portland Cement Co.Michigan Supreme Court · 1925
- Garon v. Credit Foncier CanadienSupreme Court of Rhode Island · 1914
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