Miller v. Brumbaugh
Supreme Court of Kansas
Mror from Douglas District Court. On the 17th of August-, 1864, the parties to this suit entered into a written contract, whereby Miller agreed to build for Brumbaugh a dwelling-house and smoke-house at a stipulated price of $1,525. After some delay Miller built the two houses. Brumbaugh, while the work was progressing, paid the $1,525. After the work had been completed and accepted, Miller made claim for payment of extra labor and material.
Read the full summary
Mror from Douglas District Court. On the 17th of August-, 1864, the parties to this suit entered into a written contract, whereby Miller agreed to build for Brumbaugh a dwelling-house and smoke-house at a stipulated price of $1,525. After some delay Miller built the two houses. Brumbaugh, while the work was progressing, paid the $1,525. After the work had been completed and accepted, Miller made claim for payment of extra labor and material. Brumbaugh disputed the claim, and denied that there was either extra labor or material. They could not agree. Finally they signed this stipulation: “…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
*348x. pleading; c 0^1 si d era ti o n Í" a. in-e|uiaritto Lo“wawed.n’ *347The learned judge who tried the caseheldi the stipulation to arbitrate inadmissible under the pleadings, treated the proceedings before the arbitrators as-simply a settlement of accounts, and ruled that the first *348•count in the reply did not put in issue the defenses set up in the answer. In each of these rulings we think there was error. The first defense in the answer is that the note was given “ without any consideration whatever therefor.” The petition, reciting the note,…
2Cases cited6 opinions
- Wheeler v. . BillingsNew York Court of Appeals · 1868
- Wells v. LaneCourt for the Trial of Impeachments and Correction of Errors · 1835
- City of Cincinnati v. RiceOhio Supreme Court · 1846
- Burnside v. . WhitneyNew York Court of Appeals · 1860
- Dickerson v. TynerIndiana Supreme Court · 1837
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Coleman Co. v. International UnionSupreme Court of Kansas · 1957
- United States National Bank v. ChappellMontana Supreme Court · 1924
- Springfield Fire & Marine Insurance v. PayneSupreme Court of Kansas · 1896
- Deming Investment Co. v. WallaceSupreme Court of Kansas · 1906
- City of Lenexa v. C. L. Fairley Construction Co.Supreme Court of Kansas · 1989
10 more not listed; retrieve them via the Exa API.