Legal Opinion

O'Donnell v. Parker

Utah Supreme Court

Decided July 3, 1916No. 2853PublishedCited by 11 opinions

Appeal from District Court, Third District, Hon. C. W. Morse, Judge. Action by E. G-. O’Donnell, doing business as O’Donnell & Co., against W. H. Parker. From a judgment sustaining a demurrer to the complaint and dismissing the action, plaintiff appeals.

1Opinion of the CourtFrick, J.

The plaintiff, in the complaint, which was filed August 3, 1915, in substance alleged that on the 8th day of October, 1908, the plaintiff sold to the defendant, at his request, certain goods, wares, etc., for which the defendant agreed to pay the sum of $231.50, and that no part of said sum had been paid. The plaintiff, in order to avoid the plea of the statute of limitations as a bar to the action, which bar was complete at the end of four years from the 8th day of October, 1908, also alleged as follows:

‘ ‘ That less than four years before the date of the commencement of this action, to wit,…

2Cases cited15 opinions

  1. Fort Scott v. HickmanSupreme Court of the United States · 1884
  2. Elder v. DyerSupreme Court of Kansas · 1881
  3. Hawkins v. BrownSupreme Court of Kansas · 1908
  4. Pracht v. McNeeSupreme Court of Kansas · 1888
  5. Schwab Safe & Lock Co. v. SnowUtah Supreme Court · 1915

10 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Peteler v. RobinsonUtah Supreme Court · 1932
  2. Johanson v. Cudahy Packing Co.Utah Supreme Court · 1944
  3. Anglo-California Trust Co. v. HallUtah Supreme Court · 1922
  4. Joyce-Pruit Co. v. MeadowsNew Mexico Supreme Court · 1921
  5. Jensen v. HinckleyUtah Supreme Court · 1919

6 more not listed; retrieve them via the Exa API.

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