Thompson v. Wheatland Mercantile Co.
Wyoming Supreme Court
Error to the District Court, Laramie County, Hon. Charles W. Bramel, Judge of Second District, presiding. Action on written contract for the payment of money brought by the Wheatland Mercantile Company, a corporation, against Herbert J. Thompson. Judgment was rendered for plaintiff, and defendant brought proceedings in error. The facts are stated in the opinion.
Read the full summary
Error to the District Court, Laramie County, Hon. Charles W. Bramel, Judge of Second District, presiding. Action on written contract for the payment of money brought by the Wheatland Mercantile Company, a corporation, against Herbert J. Thompson. Judgment was rendered for plaintiff, and defendant brought proceedings in error. The facts are stated in the opinion. Plaintiff below declared on an absolute promise to pay, but the contract proved is a promise to pay upon certain conditions, each of which was complied with by the defendant ; hence, the plaintiff’s claim was unproved in its general…
1Opinion of the Court
Corn, Justice.
The defendant in error brought suit and obtained a judgment against the plaintiff in error for the sum of $470.44 and interest alleged to be due under the following agreement :
“In consideration of Mrs. Fannie Tait’s assigning to me her equity in the S. E. of sec. (7) seven, township 24, range 68, I hereby agree with the Wheatland Mercantile Co. that they shall hold an equity in the above described land to the amount of the balance of their account and claim against Lewis Tait, and that the said Fannie Tait and Lewis Tait or myself will either pay the amount claimed by the…
2Cases cited2 opinions
- Wadlington v. CovertMississippi Supreme Court · 1875
- Worden v. DodgeNew York Supreme Court · 1847
3Cited by2 opinions
- Bosler v. CobleWyoming Supreme Court · 1906
- Harmer v. TraceyWest Virginia Supreme Court · 1934