Legal Opinion

McPhee & McGinnity v. Fowler

Supreme Court of Colorado

Decided January 15, 1906No. 5029PublishedCited by 3 opinions

Appeal from the District Court of Arapahoe County. Hon. Booth M. Malone, Judge. Action by Joseph Y. Fowler and others, doing business as,Fowler and Company, against McPhee & McGinnity. From a judgment in favor of plaintiffs, defendants appeal.

1Opinion of the CourtJustice Steele

McPhee & McGinnity, lumber dealers in- Denver, and W. W. McAlpine, who was operating a saw mill in New Mexico, were dealing with each other under a contract, by the terms of which McAlpine was to manufacture and sell to McPhee & McGinnity the *203lumber produced at McAlpine’s mill, and McPbee & McGinnity were to buy, at a stipulated price, all the lumber produced by McAlpine. During the month of June, 1893, certain orders, on McPhee & McGinnity were drawn by McAlpine and purchased by Fowler & Company, the appellees. These orders were O. K.’d by the-representative of McPhee & Mc-Ginnity at the…

2Cited by3 opinions

  1. Zall Jewelry Co. v. StoddardSupreme Court of Colorado · 1920
  2. McPhail v. City & County of DenverSupreme Court of Colorado · 1917
  3. Erie Mining & Milling Co. v. GearingSupreme Court of Colorado · 1908

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