Hartwell v. Equitable Manufacturing Co.
Supreme Court of Kansas
Error from Cloud district court; William T. Dillon, judge. STATEMENT. This action was commenced by the defendants in error against the plaintiff in error in the district court' of Cloud county. The petition set forth a written contract, which the plaintiffs alleged was entered into between them and defendant’s agent, for the purchase of a bill of jewelry.
Read the full summary
Error from Cloud district court; William T. Dillon, judge. STATEMENT. This action was commenced by the defendants in error against the plaintiff in error in the district court' of Cloud county. The petition set forth a written contract, which the plaintiffs alleged was entered into between them and defendant’s agent, for the purchase of a bill of jewelry. There was no allegation in the petition of the authority of the agent to make the contract or to act as agent for the defendant. In a verified answer the defendant, for a first defense, expressly denied the authority of any person to make…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
The defendants in error filed a motion to dismiss on the ground that more than ten days elapsed from the time the court. instructed the jury to return a verdict until the .allowance of the order extending the time to make and serve a case-made. It is said that a request for an instructed verdict, like a demurrer to evidence, presents a question of law only, and hence no motion for a new trial is necessary, and, if one be made, it can not, extend the time within which the court or judge may grant an order extending the time to make and serve a…
2Cases cited3 opinions
- Darling v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1907
- McCreary v. ParsonsSupreme Court of Kansas · 1884
- Feidler v. MotzSupreme Court of Kansas · 1889
3Cited by18 opinions
- Will v. HughesSupreme Court of Kansas · 1951
- Theis v. duPont, Glore Forgan Inc.Supreme Court of Kansas · 1973
- Beachy v. JonesSupreme Court of Kansas · 1921
- Ardmore Oil & Milling Co. v. Doggett Grain Co.Supreme Court of Oklahoma · 1912
- Mitchener v. City Com'rs, City of OkmulgeeSupreme Court of Oklahoma · 1924
13 more not listed; retrieve them via the Exa API.