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