Klopp v. Jill
Supreme Court of Kansas
Error from Leavenworth County. The plaintiff below brought his action for $374.55, balance due for work and labor done, and materials furnished in plastering a certain building, describing it, for defendant below. The defendant alleged that the plastering was done at an agreed priee, setting forth the agreement, which price had been fully paid.
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Error from Leavenworth County. The plaintiff below brought his action for $374.55, balance due for work and labor done, and materials furnished in plastering a certain building, describing it, for defendant below. The defendant alleged that the plastering was done at an agreed priee, setting forth the agreement, which price had been fully paid. It was claimed by defendant that the plastering, about the price of which the parties disagreed, was agreed to be done at the same price that defendant had agreed to pay plaintiff for plastering his certain saloon, about which price there was no…
1Opinion of the Court
By the Court,
Bailey, J.
In this case the parties litigant were their own best witnesses. Each party swore distinctly and circumstantially to a state of facts denied by the other. The case of the plaintiff below, now defendant in error, rested almost entirely upon his own individual testimony, expressly contradicted, in almost every important particular, by that of the plaintiff in error, and in one or two points by other disinterested witnesses ; as, for instance, by the witness, Cutts, as to the payment of $100 by Klopp to Mm on Jill’s account.
I am exceedingly reluctant to dissent from the…
Also in this document: Concurrence.
2Cases cited1 opinion
- Guyot v. ButtsNew York Supreme Court · 1830
3Cited by8 opinions
- Guth v. BellSupreme Court of Iowa · 1911
- City of Indianapolis v. TanselIndiana Supreme Court · 1901
- Goldie v. CorderSupreme Court of Oklahoma · 1912
- Pasho v. BlitzSupreme Court of Kansas · 1917
- Mitchell v. Stillings & FenlonSupreme Court of Kansas · 1878
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