L. Baldwin & Co. v. Patrick
Supreme Court of Colorado
Appeal from the District Court of Pueblo County. Hon. N. Walter Dixon, Judge. Action by diaries Ganse against L. Baldwin & Co., Levi Baldwin, Lee Baldwin, Fred Baldwin and Anna Baldwin — upon the death of Canse, George F. Patrick, the administrator of his estate, was substituted as plaintiff; From a judgment for plaintiff, defendants appeal.
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Appeal from the District Court of Pueblo County. Hon. N. Walter Dixon, Judge. Action by diaries Ganse against L. Baldwin & Co., Levi Baldwin, Lee Baldwin, Fred Baldwin and Anna Baldwin — upon the death of Canse, George F. Patrick, the administrator of his estate, was substituted as plaintiff; From a judgment for plaintiff, defendants appeal. This is a proceeding instituted by Charles Gause against two partnerships, each of which was known as L. Baldwin & Co., and designated in the complaint as L. Baldwin & Co. No. 1, and L. Baldwin & Co. No. 2. The former was composed of Levi, J. C., Fred and…
1Opinion of the CourtJustice Goddard
Among the numerous errors assigned, appellants challenge the correctness of this judgment upon the ground that it is not in accordance with the allegations of the complaint, or justified by the evidence introduced. By the express terms of the contract alleged, and as testified by Mr. Gause, L. Baldwin & Co. No. 1 was to receive, pay for, handle, care for and sell, the cattle, and, after deducting from the amount realized from their sale the purchase price and the amount expended for their care and management, pay to Gause one-half of the remaining net proceeds. There is no averment of…
2Cases cited2 opinions
- Beckwith v. TalbotSupreme Court of Colorado · 1875
- Lee v. CravensColorado Court of Appeals · 1897
3Cited by3 opinions
- Chowning v. GrahamSupreme Court of Oklahoma · 1918
- Richardson v. KeelySupreme Court of Colorado · 1914
- Quier v. RicklySupreme Court of Colorado · 1947