Graffenstein v. E. Epstein & Co.
Supreme Court of Kansas
Error from, Lyon District Court. E. Epstein & Co. sued Graffenstein for damages, for the alleged breach of a written contract for the sale of certain wool. The facts are sufficiently set forth in the opinion.
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Error from, Lyon District Court. E. Epstein & Co. sued Graffenstein for damages, for the alleged breach of a written contract for the sale of certain wool. The facts are sufficiently set forth in the opinion. At the September Term, 1879, of the district court, the plaintiffs had judgment against the defendant, who brings the case here. 1. It appears to us that not one of the cases cited and relied upon by the plaintiff in error, sustains his view, nor is any one of them, in our judgment, analogous to the case at bar. 2. The contract of sale sought to be avoided in this case is one in…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Plaintiffs sued defendant for a breach of the following contract:
“Emporia, May 26, 1879.
“I have sold this day to E. Epstein & Co. my wool (1,100 fleeces), at 20 cents per pound, to be delivered at Emporia. Received ten dollars on contract. ¥m, Graffenstein.”
One ground of defense was as follows:
“ 3d. For a third defense, defendant says that at the date, to wit, May, 1879, the plaintiffs came to the premises of defendant, and contracted to purchase some wool of defendant at the price' of twenty cents per pound, and at the time falsely and…
2Cases cited6 opinions
- Ellis v. . AndrewsNew York Court of Appeals · 1874
- Fahnestock v. StateIndiana Supreme Court · 1864
- Cronk v. ColeIndiana Supreme Court · 1858
- Foley v. CowgillIndiana Supreme Court · 1838
- Bishop v. SmallSupreme Judicial Court of Maine · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Speed v. HollingsworthSupreme Court of Kansas · 1894
- Goff v. American Savings AssociationCourt of Appeals of Kansas · 1977
- Kilgore v. BruceMassachusetts Supreme Judicial Court · 1896
- Ripy v. CronanCourt of Appeals of Kentucky · 1909
- Griesa v. ThomasSupreme Court of Kansas · 1916
11 more not listed; retrieve them via the Exa API.