Sloan Saw Mill & Lumber Co. v. Guttshall
Supreme Court of Colorado
Appeal from, the District Qowrt of Arapahoe County. Assumpsit. To.the declaration, which is substantially set forth in the opinion of the court, the defendant filed six pleas: First, the general issue; second, payment; third, set-off. The fourth, fifth and sixth pleas were in substance as follows: 4th.
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Appeal from, the District Qowrt of Arapahoe County. Assumpsit. To.the declaration, which is substantially set forth in the opinion of the court, the defendant filed six pleas: First, the general issue; second, payment; third, set-off. The fourth, fifth and sixth pleas were in substance as follows: 4th. Failure and refusal on part of plaintiff to deliver to the defendant at the place mentioned, or at any place, said lumber, as the same should average, without selection or separation; said plea avers that said lumber was separated, and the clear lumber culled out by plaintiff, and the common…
1Opinion of the CourtA. W. Stone, J.
This was an action of assumpsit brought by the appellee against the appellant.
The declaration alleges that on the 1st day of May, A. X). 1873, the defendant bargained for and bought of the plaintiff four hundred thousand feet of lumber to be sawed by plaintiff and sold to defendant, as the same should average, without separating the clear from the common lumber, at fourteen dollars per thousand; lumber to be delivered as *11fast as sawed at saw-mill of plaintiff, in El Paso county; to be paid for by the thousand feet as fast as delivered; that plaintiff promised to accept said lumber as…
2Cases cited1 opinion
- Grand Chute v. WinegarSupreme Court of the United States · 1873
3Cited by3 opinions
- Carter v. PeopleSupreme Court of Colorado · 1949
- Mighell v. DoughertySupreme Court of Iowa · 1892
- Carter v. PeopleSupreme Court of Colorado · 1949