Nichols v. Oregon Short Line Railroad
Utah Supreme Court
Appeal from tbe Third District Court, Salt Lake County.— Hon. John E. Booth, Judge. Action to recover damages alleged to have been caused by a breach of contract on the part of the defendant company. From a judgment in favor of the plaintiff, the defendant appealed. STATEMENT OE TACTS. This is an action to recover damages alleged to have been caused by a breach of contract on the part of the defendant.
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Appeal from tbe Third District Court, Salt Lake County.— Hon. John E. Booth, Judge. Action to recover damages alleged to have been caused by a breach of contract on the part of the defendant company. From a judgment in favor of the plaintiff, the defendant appealed. STATEMENT OE TACTS. This is an action to recover damages alleged to have been caused by a breach of contract on the part of the defendant. It was alleged in the complaint that on November 28, 1899, the plaintiff and defendant entered into a contract by which the defendant agreed to furnish cars on October 5, 1899, sufficient for…
1Opinion of the Court
.BART'CH, J.,
after a statement of the case as above, delivered the opinion of the court.
The appellant insists that neither its station agent, nor the company itself, had any power to enter into a contract to furnish cars of another company, and that therefore the company was not liable under the contract in evidence. This 1 position can be of no avail to the company under the evidence in this case. Admitting that it could not furnish cars of another company without such company’s consent, there is nothing to show that it could not enter or had not entered into some arrangement with other…
2Cases cited11 opinions
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Pruitt v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1876
- Chicago, St. Louis & Pittsburg Railroad v. WolcottIndiana Supreme Court · 1895
- Wood v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1886
- Ayres v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Davis v. CornwellSupreme Court of the United States · 1924
- Dillingham v. WelchCalifornia Supreme Court · 1919
- Oregon R. & Navigation Co. v. DumasCourt of Appeals for the Ninth Circuit · 1910
- City St. Improvement Co. v. KrohCalifornia Supreme Court · 1910
- Mott Iron Works v. Metropolitan BankWashington Supreme Court · 1914
3 more not listed; retrieve them via the Exa API.