Boyd v. Second-Hand Supply Co.
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Fourth Judicial District, in and for the County of Yavapai, Elwood M. Doe, Judge. STATEMENT OF FACTS BY THE COURT. This action is to recover the price of goods, wares and mining machinery, alleged to have been sold and delivered by the plaintiff to the defendant.
Read the full summary
APPEAL from a judgment of the District Court of the Fourth Judicial District, in and for the County of Yavapai, Elwood M. Doe, Judge. STATEMENT OF FACTS BY THE COURT. This action is to recover the price of goods, wares and mining machinery, alleged to have been sold and delivered by the plaintiff to the defendant. The amended complaint sets up two separate causes of action, one of which is founded on a formal written contract covering a large list of articles sold for a gross price of $5,051, containing the conditions of payment and a warranty that the articles shall give the same efficiency…
1Opinion of the CourtCunningham, J.
The appellant claims the judgment is excessive, and particularly specifies that the value of an engine, viz., $826, should be deducted therefrom. The contract of purchase of the pumping plant, which included the engine, is difficult to arrive at with any satisfactory degree of certainty, as we have but little evidence of this contract outside of the pleadings of both parties.
The appellant sets up the elements of such contract covering pipe for a pipe-line, a pump, and an engine, and alleges that said articles were sold and purchased as a whole for a specific purpose, to wit, a pumping plant,…
2Cases cited1 opinion
- Wooten v. . WaltersSupreme Court of North Carolina · 1892
3Cited by3 opinions
- Contractor & Mining Service & Supply, Inc. v. H & M Tractor & Bearing Corp.Court of Appeals of Arizona · 1966
- Smart v. ValenciaNevada Supreme Court · 1926
- Ranney-Davis Merc. Co. v. MorrisSupreme Court of Oklahoma · 1924