Hindrey v. Williams
Supreme Court of Colorado
Appeal from District Court of Weld County. This action was brought by Williams, the appellee, in the county court of Weld county. The case was after-wards taken by appeal to the district court, where a trial was had by a jury.
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Appeal from District Court of Weld County. This action was brought by Williams, the appellee, in the county court of Weld county. The case was after-wards taken by appeal to the district court, where a trial was had by a jury. Verdict' and judgment in favor of the plaintiff for $814, with interest at ten per cent, from September 15, 1883. The complaint is as follows: (l) That on or about July 20, 1881, plaintiff agreed with defendant to cut, cure and stack g’rass or hay growing on defendant’s ranch in Weld county, for the wages, price or sum of $2.75 per ton for every ton so harvested by…
1Opinion of the CourtElbert, J.
This is not the case of an entire contract “ where an entire promise is made on an entire consideration.” It consequently does not fall within the class of cases cited by counsel for the appellant, where, in case of loss by fire or otherwise before the work is completed, the owner loses his property and the laborer his work. It is a separable contract. No given number of tons were to be cut. No specific number of acres were to be mowed. Neither the work to be done nor the amount to'be paid was in gross. The plaintiff was to “cut, cure and stack hay upon the defendant’s ranch at $2.75 per ton,…
2Cases cited7 opinions
- Stewart v. PeopleMichigan Supreme Court · 1871
- Blackley v. SheldonNew York Supreme Court · 1810
- James v. State ex rel. DossMississippi Supreme Court · 1877
- Rutland v. HathornSupreme Court of Georgia · 1867
- Jackson v. HawksNew York Supreme Court · 1829
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Morgan v. GoreSupreme Court of Colorado · 1935
- Reed v. KinnikSupreme Court of Pennsylvania · 1957