Bissinger & Co. v. Weiss
Wyoming Supreme Court
Errok to the District Court of Sweetwater County; Honorable Volney J. Tidball, Judge. This was an action on account by Bissinger & Co., a corporation against Max Weiss and others. There was a judgment for plaintiff for a less amount than demanded, and plaintiff brings error. The material facts are stated in the opinion.
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Errok to the District Court of Sweetwater County; Honorable Volney J. Tidball, Judge. This was an action on account by Bissinger & Co., a corporation against Max Weiss and others. There was a judgment for plaintiff for a less amount than demanded, and plaintiff brings error. The material facts are stated in the opinion. The trial court erred in allowing defendants to amend their answer, thus changing their defense of express contract for goods at a stipulated price, to one upon implied contract for goods at a reasonable market value; there being no evidence or proof to support the amendment.…
1Opinion of the Court
ICimball, Justice.
Plaintiff) Bissinger & Co., a corporation, was engaged in -the hide, pelt and wool business in Salt Lake City, Utah, and defendants, Max Weiss and Morris Weiss, co-partners, were .engaged in a smaller way in a similar business at Rock ¡Springs, Wyoming. Between November 1,1917 and August 1, 1918, the plaintiff advanced to defendants various sums .of money and the defendants delivered to plaintiff many ishipments of merchandise, consisting of hides, pelts, etc. *265Charges against defendants for the moneys advanced to them, and credits for the merchandise delivered by them to the…
2Cases cited12 opinions
- Taylor v. Star Coal Co.Supreme Court of Iowa · 1899
- Estudillo v. SEC. Loan & Tr. Co. of S. Cal.California Supreme Court · 1910
- Lellman v. MillsWyoming Supreme Court · 1906
- State v. LyonsIdaho Supreme Court · 1901
- Garrison v. GoodaleOregon Supreme Court · 1892
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3Cited by4 opinions
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- Salt Lake Hardware Co. v. ConnellWyoming Supreme Court · 1933
- Neil v. UpdikeWyoming Supreme Court · 1939