Billin v. Henkel
Supreme Court of Colorado
Appeal from County Court of Pueblo County. Appellees brought suit in the county court of Pueblo ■county against the appellants, on an account for goods sold and delivered appellants on the 3d day of May, 1881, .amounting to the sum of $221.85. The answer o£ the appellees denied the indebtedness, and set up the statute of frauds as to the alleged contract of sale, averring that no note or memorandum of it was in writing; that no part of the goods had been accepted or received…
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Appeal from County Court of Pueblo County. Appellees brought suit in the county court of Pueblo ■county against the appellants, on an account for goods sold and delivered appellants on the 3d day of May, 1881, .amounting to the sum of $221.85. The answer o£ the appellees denied the indebtedness, and set up the statute of frauds as to the alleged contract of sale, averring that no note or memorandum of it was in writing; that no part of the goods had been accepted or received by the appellants, and that no part of the purchase money had been paid. Judgment was given for the appellees in the…
1Opinion of the CourtBeck, C. J.
The statute of frauds being pleaded to the alleged contract for the sale of the oil, and no note or memorandum in writing of the contract having been made and subscribed by the parties, no part of the goods bargained for, or the evidence of some of them, having been accepted and received by the purchasers, nor any part of the purchase money paid at the time of the transaction, the contract of sale was within the statute and void by the express terms thereof when entered into. Gen. Laws, § 1262.
The first instruction given the jury by the court at the request of the appellees, plaintiffs below,…
2Cases cited4 opinions
- Caulkins v. . HellmanNew York Court of Appeals · 1872
- Nichols v. MorseMassachusetts Supreme Judicial Court · 1868
- Diversy v. KelloggIllinois Supreme Court · 1867
- Johnson v. CuttleMassachusetts Supreme Judicial Court · 1870
3Cited by7 opinions
- Hildebrand v. RolfSupreme Court of Colorado · 1937
- Howse v. CrumbSupreme Court of Colorado · 1960
- Williams-Hayward Shoe Co. v. BrooksWyoming Supreme Court · 1901
- L. J. Mueller Furnace Co. v. J. A. Battin Stove Supply Co.Supreme Court of Colorado · 1926
- Hollis v. Commercial National BankSupreme Court of Colorado · 1932
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