Johnson v. Shuford
Supreme Court of Connecticut
Action upon the so-called common counts, accompanied by a bill of particulars, to recover the agreed price of an automobile, and money had and received, brought to and tried by the City Court of New Haven, Booth, J.; facts found and judgment rendered for the plaintiff for $180, and appeal by the defendant. In November, 1914, the defendant was engaged in the business of repairing automobiles in the city of New Haven.
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Action upon the so-called common counts, accompanied by a bill of particulars, to recover the agreed price of an automobile, and money had and received, brought to and tried by the City Court of New Haven, Booth, J.; facts found and judgment rendered for the plaintiff for $180, and appeal by the defendant. In November, 1914, the defendant was engaged in the business of repairing automobiles in the city of New Haven. About this time he sold and delivered to the plaintiff a Stoddard-Dayton automobile for $300, upon the following terms and conditions: the defendant was to accept from the…
1Opinion of the CourtRoraback, J.
One question of law raised by the defendant’s appeal relates to the effect of the receipt for $200, which purports to be in full payment for the Stoddard-Dayton car. The defendant contends that this document was conclusive evidence of payment. Such is not the law, under the facts disclosed by the record now before us. The receipt was prima facie evidence of the fact of payment, but was not conclusive that the plaintiff had received the $200. It was proper for him to offer parol evidence to vary or contradict the admission of payment contained therein. Holmes v. Brooks, 84 Conn. 512, 515, 516,…
2Cases cited6 opinions
- Plumb v. CurtisSupreme Court of Connecticut · 1895
- Brown v. Woodward Et Ux.Supreme Court of Connecticut · 1902
- Gargan v. HarrisSupreme Court of Connecticut · 1916
- Eudakaitis v. St. George's Lithuanian SocietySupreme Court of Connecticut · 1913
- Clark v. MacDermottSupreme Court of Connecticut · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Greenwich Gas Co. v. TuthillSupreme Court of Connecticut · 1931
- Todd v. BradleySupreme Court of Connecticut · 1923
- Bell v. StrongSupreme Court of Connecticut · 1921
- Taft v. Valley Oil Co., Inc.Supreme Court of Connecticut · 1939
- Duvall v. BirdenSupreme Court of Connecticut · 1938
9 more not listed; retrieve them via the Exa API.