Smith v. Droubay
Utah Supreme Court
Appeal from tbe Third District Court, Tooele County, Hon-. A. N. Cherry, Judge. Action upon account for goods, sold and delivered. Defendant cross complained and alleged damages by reason of the failure and neglect of plaintiff to ship and deliver the goods in accordance with the terms of purchase.
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Appeal from tbe Third District Court, Tooele County, Hon-. A. N. Cherry, Judge. Action upon account for goods, sold and delivered. Defendant cross complained and alleged damages by reason of the failure and neglect of plaintiff to ship and deliver the goods in accordance with the terms of purchase. At the trial the court found the issue raised by the cross complaint in favor of the defendant, awarded him a certain sum in damages, off-set the same against the amount due the plaintiffs and rendered judgment in their favor for the balance. From this judgment plaintiffs appealed. The law defining…
1DissentMiner, J.
I cannot concur with my brethren in several of the propositions of law as presented by the opinion of the court. In its first finding of fact the court found that Butler, at the time of the sale of the goods to the defendant, was a duly authorized and acting agent and salesman for the plaintiffs. In the second finding of fact the court found that on the 5th day of August, 1897, plaintiffs acting through their agent. Butler, sold to the defendant goods and merchandise of the value of #665.00. The third finding of fact shows that plaintiffs agent, Butler, agreed with the defendant, at the time…
2Cases cited12 opinions
- McKindly v. DunhamWisconsin Supreme Court · 1882
- Clark v. SmithIllinois Supreme Court · 1878
- Butler v. DormanSupreme Court of Missouri · 1878
- Kornemann v. MonaghanMichigan Supreme Court · 1871
- Reynolds v. Continental InsuranceMichigan Supreme Court · 1877
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