Legal Opinion

Kelly v. Lum

Washington Supreme Court

Decided August 26, 1913No. 11086PublishedCited by 15 opinions

Appeal from a judgment of the superior court for Yakima county, Preble, J., entered June 12, 1912, upon the verdict of a jury rendered in favor of the defendant, in an action on contract.

1Opinion of the CourtFullerton, J.

The appellant brought this action against the respondent to recover the sum of $126, alleged to be due as the purchase price of some nine hundred fruit trees, theretofore sold to the respondent at the agreed price of $14 per hundred. To the complaint, the respondent answered, admitting the purchase from the appellant of some one thousand Jonathan apple trees at the agreed price of $12.50 per hundred, and that he had not paid for the same. Further answering by way of an affirmative defense and counterclaim, he alleged that the trees were purchased upon the representa*136tions of the appellant that…

2Cases cited5 opinions

  1. Walsh v. MeyerWashington Supreme Court · 1905
  2. Johnson v. RyanWashington Supreme Court · 1911
  3. Bonne v. Security Savings SocietyWashington Supreme Court · 1904
  4. Wappenstein v. City of AberdeenWashington Supreme Court · 1905
  5. State ex rel. Jenkins v. Equitable Indemnity Ass'nWashington Supreme Court · 1898

3Cited by15 opinions

  1. Wilson v. Sun Publishing Co.Washington Supreme Court · 1915
  2. Allen v. SchultzWashington Supreme Court · 1919
  3. German American Bank v. WrightWashington Supreme Court · 1915
  4. Hamilton v. JohnsonWashington Supreme Court · 1925
  5. Larson v. Farmers Warehouse Co.Washington Supreme Court · 1931

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