Legal Opinion

Stevens v. Able

Supreme Court of Kansas

Decided July 15, 1875PublishedCited by 9 opinions

Error from Jachson District Court. Action by Able to recover a balance of $100 due him upon the sale of certain cattle. Stevens filed a bill of particulars, alleging as a defense, by way of set-off, “ that on or about the 24th of February, 1873, he purchased of Able a certain lot of hogs, to be not less than fifty nor more than fifty-five; that said contract was in writing, signed by Able; that at the same time Stevens paid to Able upon that said contract and purchase, $25;…

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Error from Jachson District Court. Action by Able to recover a balance of $100 due him upon the sale of certain cattle. Stevens filed a bill of particulars, alleging as a defense, by way of set-off, “ that on or about the 24th of February, 1873, he purchased of Able a certain lot of hogs, to be not less than fifty nor more than fifty-five; that said contract was in writing, signed by Able; that at the same time Stevens paid to Able upon that said contract and purchase, $25; that the hogs were to be delivered by Able to Stevens in May 1873, at such time as Stevens might deem proper to receive…

1Opinion of the Court

*586The opinion of the court was delivered by

Valentine, J.:

This action was commenced originally in a justice’s court by Able against Stevens. Each party filed a bill of particulars in the justice’s court. Each set forth in his bill 'of particulars a cause of action in favor of-himself, and against his adversary, and arising out of and founded upon contract. Able however claims that the cause of action set forth in his bill of particulars was for a liquidated demand, and that the cause of action set forth in Stevens’ bill of partibulars was for unliquidated damages. We shall decide the case upon…

2Cited by9 opinions

  1. Fanson v. LinsleySupreme Court of Kansas · 1878
  2. Gardner v. RisherSupreme Court of Kansas · 1886
  3. Braden v. Gulf Coast Lumber Co.Supreme Court of Oklahoma · 1923
  4. Raymond Bros. v. Green & Co.Nebraska Supreme Court · 1881
  5. Nation v. Planters and Mechanics BankSupreme Court of Oklahoma · 1911

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