Kindel v. Beck & Pauli Lithographing Co.
Supreme Court of Colorado
Appeal from, the District Court of Arapahoe County. Action upon contract. Judgment for plaintiff. Defendant appeals. The contest in this case is over $7.73. The controversy arose as follows; — In the year 1889, the appellee, The Beck and Pauli Lithographing Company, entered into a contract with appellant Kindel, by the terms of which appellee agreed to furnish appellant five thousand calendars at 17J cents each, or for a total of $875. The calendars were duly furnished and…
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Appeal from, the District Court of Arapahoe County. Action upon contract. Judgment for plaintiff. Defendant appeals. The contest in this case is over $7.73. The controversy arose as follows; — In the year 1889, the appellee, The Beck and Pauli Lithographing Company, entered into a contract with appellant Kindel, by the terms of which appellee agreed to furnish appellant five thousand calendars at 17J cents each, or for a total of $875. The calendars were duly furnished and accepted by appellant; when the bill for the same was presented it contained a charge of $15.27 for hoxing and freight.…
1Opinion of the CourtChief Justice Hayt
The first assignment of error has reference to the judgment of April 23, 1890, for $882.78. That this judgment was excessive to the amount of $7.73 has at all times been admitted by appellee, and the only question to be considered with reference thereto is as to the right of the court below to correct the same, as was attempted by the judgment entered June 30, 1890.
It is apparent from the record before us that the excess in the amount of the first judgment resulted from a clerical mistake of the clerk in entering the same. ' It was not the judgment asked for by the plaintiff, nor the one…
2Cases cited8 opinions
- Cooper Manufacturing Co. v. FergusonSupreme Court of the United States · 1885
- Fritts v. PalmerSupreme Court of the United States · 1889
- Utley v. Clark-Gardner Lode Mining Co.Supreme Court of Colorado · 1878
- Cunningham v. FontaineSupreme Court of Alabama · 1854
- Gaynor v. ClementsSupreme Court of Colorado · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Butler Bros. Shoe Co. v. United States Rubber Co.Court of Appeals for the Eighth Circuit · 1907
- Dunlop v. MercerCourt of Appeals for the Eighth Circuit · 1907
- Gold Issue Mining & Milling Co. v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1916
- State v. American Book Co.Supreme Court of Kansas · 1904
- A. Booth & Co. v. WeigandUtah Supreme Court · 1906
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