Lamar Milling & Elevator Co. v. Craddock
Colorado Court of Appeals
Appeal from the District Court of Prowers County. Appellant being about to construct a mill and elevator at the town of Lamar, entered into negotiations with appellee to make and deliver the brick necessary for the structure, estimated to be about 450,000. Correspondence had been had between appellee and appellant in regard to the matter, resulting, as was supposed, in an agreement, and appellant sent a contract to appellee to be executed, which he declined to execute.
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Appeal from the District Court of Prowers County. Appellant being about to construct a mill and elevator at the town of Lamar, entered into negotiations with appellee to make and deliver the brick necessary for the structure, estimated to be about 450,000. Correspondence had been had between appellee and appellant in regard to the matter, resulting, as was supposed, in an agreement, and appellant sent a contract to appellee to be executed, which he declined to execute. About March 10, 1893, Mullen, manager of appellant, went to Lamar, saw appellee, who said he found he would have to have some…
1Opinion of the CourtReed, J.
There are several errors assigned. Only one or two need to be considered. The verdict of the jury was against all the evidence in the case. The testimony shows that there was no contract. Appellant was to advance a comparatively large amount of money to enable appellee to enter upon the making of brick — $200 to fit up a yard, not to exceed $150 per week for expenses for an indefinite number of weeks, and money to buy fuel — before any return could be had or any brick delivered.
The requirements of the appellee show conclusively that he was without necessary money to enter upon the contract,…
2Cases cited10 opinions
- Thatcher v. Wardens & Vestrymen of St. Andrew's ChurchMichigan Supreme Court · 1877
- Hawkes v. PikeMassachusetts Supreme Judicial Court · 1870
- Rommel v. WingateMassachusetts Supreme Judicial Court · 1869
- Lawrence v. WeirColorado Court of Appeals · 1893
- Caldwell v. WilleySupreme Court of Colorado · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- BA MTG. CO., INC. v. Unisal Development, Inc.District Court, D. Colorado · 1979
- Williamson v. ScullySupreme Court of Oklahoma · 1915