Burley-Winter Pottery Co. v. Onken Bros. & West Co.
Wyoming Supreme Court
Appeal from District Court, Sheridan County; Hon. James H. Burgess, Judge. Action by Burley-Winter P'ottery Co. against Onken Bros. & West Co. There was a judgment for defendant and plaintiff appeals. Material facts are stated in the opinion.
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Appeal from District Court, Sheridan County; Hon. James H. Burgess, Judge. Action by Burley-Winter P'ottery Co. against Onken Bros. & West Co. There was a judgment for defendant and plaintiff appeals. Material facts are stated in the opinion. The defense was the statute of frauds (3752 C. S.); objection was made to the introduction of a memorandum of sale on the ground of uncertainty; parol evidence is admissible to ascertain the nature and quality of the subject matter of sale (Greenleaf 288; Hurley S. Brown, 98 Mass. 545; Haskell Tukesberry, 92 Me. 551; Henderson v: Coleman, 19 Wyo. 183).…
1Opinion of the Court
Beard, Chief Justice.
In this case the appellant was plaintiff, and the respondent was defendant in the district court, and will be referred to as plaintiff and defendant. The plaintiff in its amended petition, for a first cause of action, after alleging the corporate capacity of each of the parties, alleged in substance and effect that it was engaged in the manufacture and sale of crockery, pottery, glassware, and other articles of like character, in the city of Crooksville, State of Ohio. That on or about April 7, 1914, it sold and delivered to the defendant at defendant’s request certain…
2Cases cited5 opinions
- Cushing v. Monarch Timber Co.Washington Supreme Court · 1913
- Wineburgh v. GayCalifornia Court of Appeal · 1915
- Waul v. KirkmanMississippi Supreme Court · 1854
- Willis v. EllisMississippi Supreme Court · 1910
- Campbell v. Weston Basket & Barrel Co.Washington Supreme Court · 1915
3Cited by5 opinions
- Noland v. HaywoodWyoming Supreme Court · 1933
- Wallis v. BoslerWyoming Supreme Court · 1952
- Mead v. Leo Sheep Co.Wyoming Supreme Court · 1925
- Trautwein v. LeaveyWyoming Supreme Court · 1970
- Trautwein v. LeaveyWyoming Supreme Court · 1970