Fein v. Tonn
Wyoming Supreme Court
ERROR to the District Court of Albany County. On the 30th day of December, 1875, the defendant in error filed bis petition against the plaintiff in error, in the district court of Albany county, Wyoming Territory, to recover the sum of $590.83 for goods, wares and merchandise before that time sold and delivered.
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ERROR to the District Court of Albany County. On the 30th day of December, 1875, the defendant in error filed bis petition against the plaintiff in error, in the district court of Albany county, Wyoming Territory, to recover the sum of $590.83 for goods, wares and merchandise before that time sold and delivered. Thereafter the plaintiff in error filed in said court his answer to said petition, on the 3d day of February, A. D. 1876, first denying any indebtedness, and pleading offset in the sum of seventeen hundred and seventeen and thirty-seven one-hundreths dollars ($1,717.37.) The general…
1Opinion of the CourtPeck, J.
This is an action of assumpsit brought by Tonn against Fein, for merchandise sold and delivered on account; a bill of particulars being filed with, and by reference made a part of, the petition; the defendant below plead the general denial, and a counter-claim for merchandise sold and delivered, and moneys advanced; the general denial was replied to the counter-claim.
Tonn testified for himself, and was asked if he had ever presented the account to the defendant, and, if so, what the latter said, if anything, respecting it; to which objection was made on the grounds of irrelevancy and…
2Cases cited1 opinion
- Hilliard Flume & Lumber Co. v. WoodsWyoming Supreme Court · 1878
3Cited by3 opinions
- Ketchum v. DavisWyoming Supreme Court · 1887
- Marshall v. RuggWyoming Supreme Court · 1896
- Kinney v. BarnhiselWyoming Supreme Court · 1938