Freas v. Truitt
Supreme Court of Colorado
Appeal from District Court, Gilpin County. Assumpsit by Robert W. Truitt and Thomas B. Watson against the appellant, Lorenzo M. Freas. The first count of the declaration was upon a draft for $1,885.26, drawn by A. Bechtel, of Georgetown, Colorado, upon John Wiest, as treasurer of a mining company at Philadelphia, to the order of appellant, and by him indorsed to appellees.
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Appeal from District Court, Gilpin County. Assumpsit by Robert W. Truitt and Thomas B. Watson against the appellant, Lorenzo M. Freas. The first count of the declaration was upon a draft for $1,885.26, drawn by A. Bechtel, of Georgetown, Colorado, upon John Wiest, as treasurer of a mining company at Philadelphia, to the order of appellant, and by him indorsed to appellees. The common counts for goods sold and delivered, for work and materials, for money lent, etc., were also in the declaration. A general account, corresponding in its specifications with the common counts, was attached to the…
1Opinion of the CourtWells, J.
The objection taken on the trial to the admission of testimony, as to the statement of account which was attached to the deposition of the witnesses sworn for the plaintiffs, was based in part upon an alleged variance between this statement and the bill of particulars filed with the plaintiffs’ declaration. But this latter paper is not incorporated into the bill of exceptions, and of itself is no part of the record. Cook v. Hughes, 1 Col. 51. We cannot, therefore, regard the alleged variance. The objection taken to the statement, as an aggregated and not an itemized account, is not well taken.
2Cited by6 opinions
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- Bank of Hatfield v. ClaytonSupreme Court of Arkansas · 1923
- Jones v. De MuthWisconsin Supreme Court · 1908
- Nitro Powder Co. v. KearnsSupreme Court of Colorado · 1911
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