Smith v. Wall
Supreme Court of Colorado
Appeal from District Court of Custer County. On September 1G, 1882, Morril & Liggett made a written contract with the appellant, Charles A. Smith, agreeing to sell and deliver to him three hundred thousand feet of lumber within ninety days at $15 per thousand; the same to be so delivered upon written bills or orders specifying the particular kind and quality desired.
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Appeal from District Court of Custer County. On September 1G, 1882, Morril & Liggett made a written contract with the appellant, Charles A. Smith, agreeing to sell and deliver to him three hundred thousand feet of lumber within ninety days at $15 per thousand; the same to be so delivered upon written bills or orders specifying the particular kind and quality desired. The price named was to be paid as follows: When the purchaser from Smith received a shipment and audited the bill therefor, Smith was to pay Morril & Liggett $10 per thousand in cash, and give them credit for the remaining $5 per…
1Opinion of the CourtChief Justice Helm
The so-called “assignment ” to Wall was executed and accepted four days after the original contract was made, and before any money became due or payable thereunder. Its legal effect was simply to incorporate into the original contract a new condition, viz.: that Wall, instead of Morril & Liggett, should be the payee of the $10 cash payments provided for therein. In this respect Wail stepped into the shoes of Morril & Liggett. Besides, there is no proof that the amount sued for became due before the damages complained of by Smith had been suffered; and, under the circumstances, we think that,…
2Cited by2 opinions
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