Strong v. Moore
Supreme Court of Kansas
Error from Riley district court; Sam Kimble, judge. STATEMENT. The plaintiff in error entered into a written contract with the Mount Arbor Nursery Company, of Shenandoah, Iowa, for the purchase of 600 peach trees, to be delivered in the fall of 1902. The contract was taken for the company by the defendant in error, as its agent. By the terms of the contract payment was to be made in cash on the day of delivery; and the order could not be countermanded.
Read the full summary
Error from Riley district court; Sam Kimble, judge. STATEMENT. The plaintiff in error entered into a written contract with the Mount Arbor Nursery Company, of Shenandoah, Iowa, for the purchase of 600 peach trees, to be delivered in the fall of 1902. The contract was taken for the company by the defendant in error, as its agent. By the terms of the contract payment was to be made in cash on the day of delivery; and the order could not be countermanded. The Mount Arbor Nursery Company sold and delivered the contract to the defendant in error, and indorsed it as follows: “Pay to S. B. Moore,…
1Opinion of the Court
The opinion of the court was delivered by
Graves, J.:
The plaintiff in error objected to the introduction of any evidence under the petition, for the reason that it did not state facts sufficient to constitute a cause of action. The objection was overruled, and this ruling of the court is assigned as error. It is insisted that the petition ought to allege specifically who the Mount Arbor Nursery Company is — whether a corporation, partnership, an unincorporated association, or *439merely a name under which an individual transacts business — and that the omission so to aver makes the pleading…
2Cases cited8 opinions
- McCrum v. CorbySupreme Court of Kansas · 1873
- Baughman v. PennSupreme Court of Kansas · 1885
- Krapp v. EldridgeSupreme Court of Kansas · 1885
- Carson, Pirie, Scott & Co. v. C. M. Henderson & Co.Supreme Court of Kansas · 1885
- Washington v. HobartSupreme Court of Kansas · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Alldritt v. Kansas Centennial Global Exposition, Inc.Supreme Court of Kansas · 1962
- The Multorpor Co. v. ReedOregon Supreme Court · 1927
- German American State Bank v. BearSupreme Court of Kansas · 1922
- Boddington v. City of Kansas CitySupreme Court of Kansas · 1915
- Biernacki v. RatzlaffSupreme Court of Kansas · 1918
1 more not listed; retrieve them via the Exa API.