Legal Opinion

Kincaid v. Price

Colorado Court of Appeals

Decided September 15, 1902No. 2167PublishedCited by 1 opinion

Appeal from the District Court of Fremont County.

1Opinion of the CourtGunter, J.

Plaintiffs agreed to sell and deliver defendants .the output — with an immaterial exception — of their coal mine, which defendants were to accept and pay .for at a stipulated price; the coal to. be merchantable lump and nut; contract to run for two years. The gist of the contract was, plaintiffs to sell and deliver and defendants to accept and pay for certain coal. After receiving coal about four months defendants declined to take further. Plaintiffs claimed a breach of the contract and sued for damages. Defendants, among other defenses, denied that plaintiffs had .sustained damage. Verdict…

2Cases cited2 opinions

  1. Todd v. . GambleNew York Court of Appeals · 1896
  2. Dolph v. Troy Laundry Machinery Co.U.S. Circuit Court for the District of Northern New York · 1886

3Cited by1 opinion

  1. Watrous v. HilliardSupreme Court of Colorado · 1906

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