Prowers v. Nowles
Supreme Court of Colorado
Appeal from the District Court of Bent County. Hon. Jesse G. Northcutt, Judge. Action by David B. Nowles and Tbomas J. Saylor, doing business under the firm name and style of The Lamar Seed Company, against John W. Prowers. From a judgment for plaintiffs, defendant appeals.
1Opinion of the CourtJustice Helm
The trial court did not err in sustaining the motion to strike out part of the first paragraph of the amended answer filed in this case. The averments stricken out were obviously mere conclusions of law and had no proper place in the pleading.
No issue was made by this answer touching the purchase of wire by appellees for appellant, the same together with the value thereof, being admit ted; nor did the answer deny a request by appellees, within the time specified in the contract, to bale the hay and turn over the same at Cadoa station. Hence there were no issues touching these matters and no…
2Cases cited5 opinions
- Hatch v. Oil Co.Supreme Court of the United States · 1879
- Blackwood v. Cutting Packing Co.California Supreme Court · 1888
- McClung v. KelleySupreme Court of Iowa · 1866
- Cornell v. . ClarkNew York Court of Appeals · 1887
- Harris v. McCrossenSupreme Court of Kansas · 1884
3Cited by1 opinion
- Fiddyment v. JohnsonCalifornia Court of Appeal · 1912