Legal Opinion

Elm City Lumber Co. v. MacKenzie

Supreme Court of Connecticut

Decided June 14, 1904PublishedCited by 2 opinions

Action to recover the balance alleged to be due for goods sold and work done, brought to and tried by the Court of Common Pleas in New Haven County, Hubbard, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff.

1Opinion of the CourtHall, J.

The complaint, dated November 14th, 1902, states the amount of the charges and credits in plaintiff’s account with defendant for work done and material furnished, and that the balance due the plaintiff at the time tire suit was brought was $207.16, which, by plaintiff’s bill of particulars, appears also to have been the balance due August 16th, 1902.

By the first defense of his answer the defendant admits the purchase of goods, etc., from the plaintiff and its assignor, and denies the remaining allegations of the complaint.

By his second defense he admits an indebtedness, on November 80th,…

2Cases cited4 opinions

  1. Southwick v. SaxNew York Supreme Court · 1832
  2. Owens ex rel. Wallace v. ChandlerSupreme Court of Arkansas · 1856
  3. Freeman v. BenedictSupreme Court of Connecticut · 1871
  4. Tuttle v. ChapmanSupreme Court of Iowa · 1860

3Cited by2 opinions

  1. Hamilton v. R. S. Dickson & Co.Court of Appeals for the Second Circuit · 1936
  2. Alexander Thomson, Inc. v. B. Perini & Sons, Inc.Connecticut Superior Court · 1941

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