Durham v. Carbon Coal & Mining Co.
Supreme Court of Kansas
Error from Shawnee District Court. Action by Durham against the Carbon Coal and Mining Co., to recover $2,000 claimed to be due on a written contract for the sale of land. The case was tried by the court without a jury, at the May Term thereof, 1877, on the evidence introduced by the plaintiff. The defendant offered no evidence on the trial.
Read the full summary
Error from Shawnee District Court. Action by Durham against the Carbon Coal and Mining Co., to recover $2,000 claimed to be due on a written contract for the sale of land. The case was tried by the court without a jury, at the May Term thereof, 1877, on the evidence introduced by the plaintiff. The defendant offered no evidence on the trial. The court found for the defendant, and rendered judgment against the plaintiff for costs, to which finding and judgment the plaintiff duly excepted. Thereupon the plaintiff filed his motion for a new trial, for the following causes, to wit: “1. That the…
1Opinion of the Court
*242The opinion of the court was delivered by
Brewer, J.:
This was an action to recover money claimed-to be due on a contract for the sale of land. That a contract-was entered into, is undisputed; but the defendant denies-that it was its contract — that it ever authorized such a contract in the first instance, or ratified it after it was made.. The contract, which was in writing, purported to sell a certain quarter-section of land to defendant for $7,500, to be paid as follows: $500 cash, $500 in sixty days, $1,500 in six months, $2,500 in eighteen, and $2,500 in thirty months from date. By the…
2Cases cited10 opinions
- Olcott v. . Tioga Railroad CompanyNew York Court of Appeals · 1863
- Gordon v. PrestonSupreme Court of Pennsylvania · 1833
- Edwards v. FrySupreme Court of Kansas · 1872
- Moss v. . AverellNew York Court of Appeals · 1853
- Chicago Building Society v. CrowellIllinois Supreme Court · 1872
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Harlow v. LeclairSupreme Court of New Hampshire · 1927
- Cass County v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1905
- Mathewson v. CampbellSupreme Court of Kansas · 1914
- William James Sons Co. v. HutchinsonWest Virginia Supreme Court · 1916
- Bell v. JohnsonSupreme Court of Kansas · 1935
21 more not listed; retrieve them via the Exa API.