Beckwith v. Talbot
Supreme Court of Colorado
Appeal from, District Court, Pueblo County. The issue is stated in tbe opinion. At the trial plaintiff (appellee) was first called as a witness and was proceeding to state a contract made October 7,1870, substantially as in the writing of that date, which, is set out in the opinion, when the defendant objected that this was within the 12th section of the statute of frauds, and the court sustained the objection, but allowed the plaintiff to prove service performed according…
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Appeal from, District Court, Pueblo County. The issue is stated in tbe opinion. At the trial plaintiff (appellee) was first called as a witness and was proceeding to state a contract made October 7,1870, substantially as in the writing of that date, which, is set out in the opinion, when the defendant objected that this was within the 12th section of the statute of frauds, and the court sustained the objection, but allowed the plaintiff to prove service performed according to the agreement under the common count, which was found in the original declaration. Afterward, the plaintiff testified…
1Opinion of the CourtBrazee, J.
This is an action of assumpsit, commenced by summons, on the 12th of May, 1873, by the appellee against the appellant. A declaration was filed on the 16th of if ay, 1873, containing four counts, three of which were special counts for the breach of an express contract, and the fourth a common count for work and labor. The first and third counts were held bad on demurrer. On the 31st of May, 1873, the plaintiff filed an amended declaration, which contained only two counts, both special, for the breach of an express contract, to which the defendant plead the general issue. On the 12th of June,…
2Cases cited4 opinions
- Goddard v. FosterSupreme Court of the United States · 1873
- Young v. GodbeSupreme Court of the United States · 1873
- Lee v. MahoneySupreme Court of Iowa · 1859
- Jackson ex dem. Woodruff v. ShepherdNew York Supreme Court · 1826
3Cited by21 opinions
- Bankers Trust Co. v. International Trust Co.Supreme Court of Colorado · 1941
- Davis Cattle Co., Inc. v. Great Western Sugar CompanyDistrict Court, D. Colorado · 1975
- Garber v. WhittakerSuperior Court of Delaware · 1934
- Champlin Refining Co. v. DonnellSupreme Court of Oklahoma · 1935
- New Dunderberg Min. Co. v. OldCourt of Appeals for the Eighth Circuit · 1899
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