Juneau v. Stunkle
Supreme Court of Kansas
Error from Sumner District Court. ActioN by Juneau against Stunkle, to recover $192.27 alleged to be due on a bill of lumber and building material sold and delivered by the plaintiff to the defendant. The defendant in his answer pleaded payment, and also a counterclaim for $100, alleged to be an overpayment. Trial at the November term, 1885, and verdict for the defendant for $90.16. New trial denied, and judgment on the verdict for the defendant.
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Error from Sumner District Court. ActioN by Juneau against Stunkle, to recover $192.27 alleged to be due on a bill of lumber and building material sold and delivered by the plaintiff to the defendant. The defendant in his answer pleaded payment, and also a counterclaim for $100, alleged to be an overpayment. Trial at the November term, 1885, and verdict for the defendant for $90.16. New trial denied, and judgment on the verdict for the defendant. The plaintiff brings the case here. Other facts are stated in the opinion.
1Opinion of the Court
Opinion by
ClogstoN, C.:
The record presents substantially but one question, and that question has been decided by this court so many times that it ought to receive no serious consideration by this court. The allegation of error is that the verdict of the jury is not sustained by the weight of evidence. The record shows ample evidence to support the verdict, and where it does so it is conclusive upon this court.
Plaintiff however contends that the court erred in permitting defendant to offer evidence in contradiction of the written memorandum offered in evidence by the plaintiff. In this there…
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