Legal Opinion

McCormick v. Dalton

Supreme Court of Kansas

Decided January 15, 1894PublishedCited by 6 opinions

Error from Phillips Eistrict Court. This action was commenced by Dalton against MoCormioJc, on the 22d day of November, 1887, for the recovery of $1,-008.11 damages, which Dalton claimed to have sustained by reason of McCormick’s refusal to allow him to perform and complete certain railroad grading, according to the terms of an alleged verbal contract.

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Error from Phillips Eistrict Court. This action was commenced by Dalton against MoCormioJc, on the 22d day of November, 1887, for the recovery of $1,-008.11 damages, which Dalton claimed to have sustained by reason of McCormick’s refusal to allow him to perform and complete certain railroad grading, according to the terms of an alleged verbal contract. The plaintiff below alleged, among other things, in his petition : “That on or about the 18th day of July, 1887, he entered into a verbal contract with McCormick to do the grading of one mile of the roadbed of the Chicago, Kansas & Nebraska…

1Opinion of the Court

The opinion of the court was delivered by

HortON, C. J.:

Dalton, the plaintiff below, claimed damages for a breach of a verbal contract with McCormick, the defendant below, to grade a mile of the roadbed of a railway. The principal defense was, that after some preliminary conversation between the parties concerning grading, a written contract was finally consummated between them for the grading of one-half a mile only. Upon the trial, the court instructed the' jury that, if they believed the written contract was the only one entered into between the parties, Dalton had no case whatever. Dalton…

2Cases cited3 opinions

  1. Emmons v. ScudderMassachusetts Supreme Judicial Court · 1874
  2. Peckham v. HendrenIndiana Supreme Court · 1881
  3. Anderson v. AndersonSupreme Court of Kansas · 1872

3Cited by6 opinions

  1. Riney v. DollSupreme Court of Kansas · 1924
  2. Metro-Goldwyn-Mayer Distributing Corp. v. CockeCourt of Appeals of Texas · 1933
  3. Evans v. AylwardSupreme Court of Kansas · 1949
  4. United States Banking Co. v. VealeSupreme Court of Kansas · 1911
  5. W. W. Kimball Co. v. RawCourt of Appeals of Kansas · 1898

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