Florence Oil & Refining Co. v. McRae
Supreme Court of Colorado
Appeal from the District Court of Fremont County. Don. Morton 8. Bailey, Judge. Action by May Agnes McRae, as executrix, against The Florence Oil & Refining Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtJustice Maxwell
Appellee, as executrix of the last will and testament of her deceased husband, sued appellant upon an account for goods, wares and merchandise sold and delivered to appellant, by the husband, at the special instance and request of appellant, at and for an agreed price.
*304A verified answer pnt in issue the material averments of the complaint.
■ Appellant introduced no evidence at the trial, which was to a jury.
The court instructed the jury that, if they should find from the evidence that any sum was due from the defendant to the plaintiff, as executrix of the will of her husband, they should allow…
2Cases cited3 opinions
- Florence & Cripple Creek Railroad v. TennantSupreme Court of Colorado · 1904
- Rohrig v. PearsonSupreme Court of Colorado · 1890
- Florence Oil & Refining Co. v. The First National BankSupreme Court of Colorado · 1906
3Cited by2 opinions
- Bassick Gold Mine Co. v. BeardsleySupreme Court of Colorado · 1910
- Offill v. RouthSupreme Court of Colorado · 1926