Legal Opinion

Detroit Heating & Lighting Co. v. Stevens

Utah Supreme Court

Decided March 10, 1898No. 875PublishedCited by 9 opinions

Appeal from the Second district court, Weber county. H. H. Eolapp, Judge. Action by the Detroit Heating & Lighting Company against Sidney Stevens on a contract. Defendant had judgment, and plaintiff appeals.

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Appeal from the Second district court, Weber county. H. H. Eolapp, Judge. Action by the Detroit Heating & Lighting Company against Sidney Stevens on a contract. Defendant had judgment, and plaintiff appeals. It appears from this record that on November 11, 1890, the plaintiff, a corporation engaged in manufacturing and selling heaters and other apparatus in Detroit, Mich., agreed to furnish and erect for defendant in his carriage and implement building at Ogden, Utah, a hot-water heater, with all the usual and necessary attachments and connections. The contract contained the following…

1Opinion of the CourtZane, C. J.

(after stating tbe case):

In view of the cause of action set out by tbe defendant in bis cross complaint, and of tbe conceded facts of the case, and those as to wbicb there is no room for controversy, did tbe court err in finding the apparatus was not accepted, or that tbe contract was rescinded, and in giving judgment against the plaintiff for $1,627.47, tbe amount paid on tbe contract, and interest? Tbe defendant, in bis cross complaint, admits tbe contract set out in the plaintiff’s complaint, and alleges that he paid the $1,371.48 on tbe contract, but alleges a breach by the plaintiff in…

2Cases cited3 opinions

  1. Underwood v. WolfIllinois Supreme Court · 1890
  2. Gridley v. Globe Tobacco Co.Michigan Supreme Court · 1888
  3. Hercules Iron Works v. DodsworthU.S. Circuit Court for the District of Southern Ohio · 1893

3Cited by9 opinions

  1. M. H. Walker Realty Co. v. American Surety Co. of New YorkUtah Supreme Court · 1922
  2. Freed Furniture & Carpet Co. v. SorensenUtah Supreme Court · 1905
  3. Continental Insurance Co. v. KingstonCourt of Appeals of Utah · 2005
  4. Charles Lippincott & Co. v. RichUtah Supreme Court · 1899
  5. Hillerich v. Franklin Ins.Court of Appeals of Kentucky · 1901

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