Emerson v. Burnett
Colorado Court of Appeals
Appeal from the District Qourt of Arapahoe Qounty.
1Opinion of the CourtThomson, P. J.
Burnett and Deisher contracted with Emerson for the delivery to them by him of 300 tons of alfalfa hay at $3.00 per ton; the hay to be good, green and merchantable. Ninety tons, alleged to be of an inferior quality, were delivered, and no more. They brought this action against him to recover the damages claimed by them to have been sustained by reason of his breach of his contract. They had judgment below, and he appealed.
The evidence of the contract was objected to on the ground that it varied from the contract set up in the complaint. There was perhaps an inaccurate use of technical terms…
2Cases cited12 opinions
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- Howard v. PatrickMichigan Supreme Court · 1878
- Minneapolis Mill Co. v. Minneapolis & St. Louis Ry. Co.Supreme Court of Minnesota · 1892
- Gerhauser v. North British & Mercantile InsuranceNevada Supreme Court · 1871
- Cassady v. Trustees of SchoolsIllinois Supreme Court · 1882
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3Cited by15 opinions
- Williams v. Sleepy Hollow Mining Co.Supreme Court of Colorado · 1906
- Young v. PeopleSupreme Court of Colorado · 1913
- McGovern v. HaysSupreme Court of Vermont · 1902
- Atchison, Topeka & Santa Fe Railroad v. OsbornSupreme Court of Kansas · 1902
- Plains Iron Works Co. v. HaggottSupreme Court of Colorado · 1922
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