Patrick v. Colorado Smelting Co.
Supreme Court of Colorado
Appeal from the District Court of Lake County. Action for breach of contract. Trial and judgment for plaintiff. Defendants appeal. AMENDED COMPLAINT.
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Appeal from the District Court of Lake County. Action for breach of contract. Trial and judgment for plaintiff. Defendants appeal. AMENDED COMPLAINT. “ That the plaintiff is a corporation duly organized and existing under and by virtue of the laws of the state of Colorado, and authorized to carry on and engaged in carrying on the general business of buying, handling and refining ores in the county of Pueblo, state of Colorado, and elsewhere in said state of Colorado, and that plaintiff is now and was at all of the times hereinafter mentioned authorized to carry on and engaged in carrying on…
1Opinion of the CourtJustice Elliott
Two principal objections to the judgment are all that need be considered on this appeal.
1. Defendants contend that the damages awarded are 'largely in excess of what the averments of the complaint will sustain.
The contention of plaintiff ( The Colorado Smelting Company) is that defendants undertook to deliver ores to plaintiff at the -rate of 1,000 tons per month, or 30 tons per day, for the period of one year; that only 8,000 tons were delivered, leaving 4,000 tons undelivered, and that plaintiff sustained damage to the amount of $10 for each ton of ore not delivered under the contract.
Defend…
2Cases cited2 opinions
- Dillon v. BarnardSupreme Court of the United States · 1875
- Everett v. DrewMassachusetts Supreme Judicial Court · 1880
3Cited by8 opinions
- Rishel v. Pacific Mut. Life Ins. Co. of CaliforniaCourt of Appeals for the Tenth Circuit · 1935
- Colorado Fuel & Iron Co. v. PryorSupreme Court of Colorado · 1898
- Strong v. MooreOregon Supreme Court · 1926
- Somers v. HansonOregon Supreme Court · 1915
- Cranston v. California Ins.Oregon Supreme Court · 1919
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