Barnwell v. Kempton
Supreme Court of Kansas
Error from Sedgwick District Court. • On the 28th day of August, 1876, the parties to this proceeding entered into a written contract whereby the defendant in error, plaintiff below, undertook to- move a building for the plaintiff in error, defendant below, from where it then •stood, on the corner of Main and Third streets, in the city of Wichita, to the corner of Emporia and Douglas avenues, in the same city, and to do certain other work in connection therewith, for which…
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Error from Sedgwick District Court. • On the 28th day of August, 1876, the parties to this proceeding entered into a written contract whereby the defendant in error, plaintiff below, undertook to- move a building for the plaintiff in error, defendant below, from where it then •stood, on the corner of Main and Third streets, in the city of Wichita, to the corner of Emporia and Douglas avenues, in the same city, and to do certain other work in connection therewith, for which he was to receive $1,600, of which $500 were to be paid as soon as the building was raised and removed from its old…
1Opinion of the Court
The opinion of the court was delivered by
Hokton, C. J.:
A very extensive record is presented to us in this case, and our attention called to nunierous allegations of error; yet, upon a careful examination of the proceedings of the trial court and the briefs of counsel, we find very little demanding any comment, and nothing in the record requiring a reversal of the judgment. The case turned almost wholly upon controverted questions of fact, *316and we have decided so often that this court will not disturb-a judgment as against the evidence, even when the evidence seems to preponderate the other…
2Cases cited1 opinion
- Duncan v. BakerSupreme Court of Arkansas · 1878
3Cited by6 opinions
- Jones v. Mississippi Farms Co.Mississippi Supreme Court · 1917
- Limerick v. LeeSupreme Court of Oklahoma · 1906
- Smith v. KageySupreme Court of Kansas · 1937
- Fritts v. QuintonSupreme Court of Kansas · 1925
- School District No. 46 v. LundSupreme Court of Kansas · 1893
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