Legal Opinion

Missouri Pacific Railway Co. v. Stults

Supreme Court of Kansas

Decided January 15, 1884PublishedCited by 4 opinions

Error from Miami District Court. Action by Stultz & Neiswender against the Railway Company, to recover damages alleged to have been sustained by the plaintiffs by reason of the failure of the defendant to furnish them two stock cars of certain dimensions, at a specified time and place, under a special contract alleged to have been made by them with the authorized agent of the company at Paola, Kansas.

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Error from Miami District Court. Action by Stultz & Neiswender against the Railway Company, to recover damages alleged to have been sustained by the plaintiffs by reason of the failure of the defendant to furnish them two stock cars of certain dimensions, at a specified time and place, under a special contract alleged to have been made by them with the authorized agent of the company at Paola, Kansas. Trial by the court at the October Term, 1883, and judgment for plaintiffs for $62.47 and costs. The Company brings the case here.

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

The plaintiff in error, the Missouri Pacific railway company, was defendant in the court below, and the defendants in error, M. Stults and George Neiswender, partners doing business under the firm-name and style of Stults .& Neiswender, were plaintiffs in the court below. The principal question involved in the case in the court below was, whether the defendant entered into a special contract with the plaintiffs to furnish them two stock cars of certain dimensions, at Louisburg, Miami county, Kansas, on March 13, 1883. Judgment was…

2Cases cited1 opinion

  1. Wood v. C., M. & St. P. R'y Co.Supreme Court of Iowa · 1882

3Cited by4 opinions

  1. Green v. McCrackenSupreme Court of Kansas · 1902
  2. Missouri Pacific Railway Co. v. JohnsonSupreme Court of Kansas · 1895
  3. St. Louis & San Francisco Railway Co. v. KinmanSupreme Court of Kansas · 1892
  4. Missouri Pacific Railway Co. v. CarpenterSupreme Court of Kansas · 1890

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