Studebaker Corp. of America v. Hanson
Wyoming Supreme Court
Error to the District Court, Earamie County; Hon. William C. MentzBr, Judge. Action by the Studebaker Corporation of America against Alpheus P. Hanson. From a judgment for defendant on a counter-claim plaintiff brings error. The facts are stated in the opinion.
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Error to the District Court, Earamie County; Hon. William C. MentzBr, Judge. Action by the Studebaker Corporation of America against Alpheus P. Hanson. From a judgment for defendant on a counter-claim plaintiff brings error. The facts are stated in the opinion. The matter set forth in defendant’s cross-petition is not properly pleadable as a counter-claim, as it did not arise out of the contract or transaction set forth in plaintiff’s petition as the foundation for its claim and is not connected with the subject of the action; there is nothing in the record upon which it could be claimed that…
1Opinion of the Court
Potter, Chief Justice.
The Studebaker Corporation of America brought this action in the district court against Alpheus P. Hanson to recover an amount alleged to be due for goods, wares and merchandise furnished and labor performed during the months of July and August, 1911, at the request of the defendant, and on his promise to pay therefor. It appears from the evidence that plaintiff’s claim was for supplies furnished and labor performed for the purpose of correcting a defect in the construction of an automobile. The petition alleged that the work was done and the goods furnished by the…
2Cases cited7 opinions
- Willcox & Gibbs Sewing MacHine Co. v. EwingSupreme Court of the United States · 1891
- Glen & Hall Manufacturing Co. v. HallCommission of Appeals · 1874
- Joslyn v. Cadillac Automobile Co.Court of Appeals for the Sixth Circuit · 1910
- Wheaton v. Cadillac Automobile Co.Michigan Supreme Court · 1906
- Georgia Iron & Coal Co. v. Bogers, Brown & Co.Court of Appeals of Georgia · 1913
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3Cited by3 opinions
- Jones v. WettlinWyoming Supreme Court · 1928
- See Ben Realty Co. v. GothbergWyoming Supreme Court · 1941
- Benedict v. Citizens National Bank of CasperWyoming Supreme Court · 1932