Legal Opinion

Koshland v. Weber

Wyoming Supreme Court

Decided May 10, 1915No. 810PublishedCited by 1 opinion

Ekror to the District Court, Converse County; Hon. William C. MrnRzrr, Judge. Action by Joseph Koshland and others, doing business under the firm name and style of J. Koshland & Co., against Alex Weber to recover a balance claimed to be due on a wool consignment contract. There was a judgment for defendant and plaintiffs bring error. Other material facts are stated in the opinion.

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Ekror to the District Court, Converse County; Hon. William C. MrnRzrr, Judge. Action by Joseph Koshland and others, doing business under the firm name and style of J. Koshland & Co., against Alex Weber to recover a balance claimed to be due on a wool consignment contract. There was a judgment for defendant and plaintiffs bring error. Other material facts are stated in the opinion. The verdict of the jury was the result of the influence of passion and prejudice against the plaintiffs and was not supported by the evidence. It was undisputed that the factor was restricted to a price by his…

1Opinion of the Court

Scott, Justice.

The plaintiffs in error and the defendant in error were respectively plaintiffs and defendant below and for convenience will he hereinafter referred to as such. The plaintiffs as co-partners were factors engaged in buying and selling wool on the Boston market during all the times hereinafter referred to. The defendant was a flockmaster residing in Natrona County, Wyoming, and at the solicitation of plaintiffs’ representative or agent on February 10, 1909, made the following written agreement to and with plaintiffs, to-wit:

“For and in consideration of one dollar, to me in hand…

2Cases cited4 opinions

  1. Perkins v. McDowellWyoming Supreme Court · 1890
  2. McBride v. Union Pac. Ry. Co.Wyoming Supreme Court · 1889
  3. Justice v. BrockWyoming Supreme Court · 1913
  4. Murry v. DaughtryNew Mexico Supreme Court · 1913

3Cited by1 opinion

  1. Koshland v. WeberWyoming Supreme Court · 1915

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