List & Son Co. v. Chase
Ohio Supreme Court
Error to the Circuit Court of Morrow county. The defendant in error, Dart L. Chase, commenced an action in the court of common pleas of Morrow county against the plaintiff in error a corporation, alleging, in substance, that the plaintiff in error, on or about the 6th day of June, 1906, agreed to purchase from the plaintiff, 'defendant in error here, one hundred and ninety-five dozen of eggs, which were to be shipped to Cleveland, Ohio, to the defendant company, and that the…
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Error to the Circuit Court of Morrow county. The defendant in error, Dart L. Chase, commenced an action in the court of common pleas of Morrow county against the plaintiff in error a corporation, alleging, in substance, that the plaintiff in error, on or about the 6th day of June, 1906, agreed to purchase from the plaintiff, 'defendant in error here, one hundred and ninety-five dozen of eggs, which were to be shipped to Cleveland, Ohio, to the defendant company, and that the plaintiff duly performed all the conditions of the contract of sale on his part, and that the defendant without cause…
1Opinion of the CourtDavis, J.
The plaintiff alleges that the defendant entered into a certain agreement for the purchase of eggs. He alleges that he has performed all of the conditions of the contract to be performed on his part. The defendant by a general denial disputes both of these allegations and thereby imposes on the plaintiff the burden of proving the contract as alleged and substantial performance thereof on his part. But the defendant admits that it entered into an agreement to purchase eggs from the plaintiff, which however dif*48fers from the plaintiff’s version of the agreement in quantity, quality and route of…
2Cases cited5 opinions
- Johnson v. . OppenheimNew York Court of Appeals · 1873
- Fudge v. MarquellIndiana Supreme Court · 1904
- Smith v. . PetteeNew York Court of Appeals · 1877
- Koppitz-Melchers Brewing Co. v. SchultzOhio Supreme Court · 1903
- Sorenson v. TownsendNebraska Supreme Court · 1906