W. W. Roller & Co. v. Ott
Supreme Court of Kansas
Error from Franklin District Court. Roller & Co., partners, commenced their action against C. M. Ott and A. Qottschalk, to recover damages for past breaches of a contract, and to enjoin defendants from further violations of said contract.
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Error from Franklin District Court. Roller & Co., partners, commenced their action against C. M. Ott and A. Qottschalk, to recover damages for past breaches of a contract, and to enjoin defendants from further violations of said contract. Plaintiffs’ petition was as follows: [Title!) “The plaintiffs state that in March 1872, ‘The Ottawa Furniture and Wood-Work Company’ was duly organized as a corporation under the statutes of the state of Kansas, for the purpose of manufacturing furniture and other wood work, and of vending furniture at retail and wholesale in the city of Ottawa; that said…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
1.consideration; presumption. The questions involved in this case were raised in the court below, by petition and demurrer. The grounds of the demurrer were — first, a defect of parties defendant; 2d, several causes of action improperly joined; 3d, the petition did not state facts sufficient to constitute a cause of action. The court below sustained the demurrer, and the plaintiffs now bring the case to this court. The defendants do not now claim that the demurrer should have been sustained upon either the first or the second ground of…
2Cases cited5 opinions
- Dean v. EmersonMassachusetts Supreme Judicial Court · 1869
- Dunlop v. . GregoryNew York Court of Appeals · 1851
- Beard v. DennisIndiana Supreme Court · 1855
- Fuller v. ScottSupreme Court of Kansas · 1871
- Waynick v. RichmondSupreme Court of Kansas · 1873
3Cited by10 opinions
- Keith v. Herschberg Optical Co.Supreme Court of Arkansas · 1886
- Downing v. LewisNebraska Supreme Court · 1898
- Hulen v. EarelSupreme Court of Oklahoma · 1903
- Kipp v. SmithWisconsin Supreme Court · 1908
- Emmert v. RichardsonSupreme Court of Kansas · 1890
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