McClair v. Austin
Supreme Court of Colorado
Appeal from Superior Court of the City of Denver. This action was originally commenced before a justice of the peace. Upon appeal in the superior court, finding and judgment were rendered in favor of the plaintiff, Austin. The defendant Me Clair brings this appeal.
1Opinion of the CourtJustice Elliott
There being no written pleadings, the matters in controversy must be ascertained from the evidence as preserved by the bill of exceptions. The trial record is very voluminous; but from the abstract which is undisputed it appears that an oral agreement was entered into whereby plaintiff was to level, grade and otherwise prepare certain lots as a lawn for defendant. Plaintiff was, also, to furnish certain shade trees for defendant.
The agreed price for making the lawn was $150 ; the trees were $50 additional. After a portion of the work had been done, a disagreement arose between the parties as…
2Cases cited2 opinions
- Saxonia Mining & Reduction Co. v. CookSupreme Court of Colorado · 1884
- Jenkins v. BrownNew York Supreme Court · 1839