Smith v. Keith & Perry Coal Co.
Court of Appeals of Kansas
Appeal from, the Bates Circuit Court. —Hon. D. A. DeArmond, Judge. (1) The demurrer to the evidence should have been sustained. The contract was an entirety and not severable. On the plaintiff’s own evidence, and admissions, the whole amount of hay was to be delivered before paid for, and no legal reason was given for his refusal to comply with the contract.
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Appeal from, the Bates Circuit Court. —Hon. D. A. DeArmond, Judge. (1) The demurrer to the evidence should have been sustained. The contract was an entirety and not severable. On the plaintiff’s own evidence, and admissions, the whole amount of hay was to be delivered before paid for, and no legal reason was given for his refusal to comply with the contract. Champlin v. Rowley, 13 Wend. 258; Saslack v. Mayers, 26 N. J. L. 284; Jennings v. Lyons, 39 Wis. 553; Witheron v. Witheron, 16 Ohio, 238; Timmons v. Nelson, 66 Barb. 594; Barrie v. Seidel, 30 Mo. App. 559 ; Paige v. Ott, 5 Nenio, 406. (2)…
1Opinion of the CourtSmith, P. J.
— This action was brought in the circuit court of Bates county by the plaintiff against the defendant on an account for fifty-seven tons of hay of the value of five hundred and seventy-five dollars sold and delivered to the defendant by the plaintiff.
The answer denied that the defendant had bought of the plaintiff, or that he had delivered the hay or any part thereof, as stated in the petition. The answer further set forth the separate defense and counter-claim that on or about the-day of June, 1887, plaintiff made and entered into a contract with defendant, whereby plaintiff bound himself to…
2Cases cited9 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Yeats v. BallentineSupreme Court of Missouri · 1874
- Davis v. BrownSupreme Court of Missouri · 1878
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- Duncan v. BakerSupreme Court of Arkansas · 1878
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- H. D. Williams Cooperage Co. v. ScofieldCourt of Appeals for the Eighth Circuit · 1902
- Wonner v. City of CartervilleMissouri Court of Appeals · 1910
- Dempsey v. LawsonMissouri Court of Appeals · 1898
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