Crowther v. Elliott
Supreme Court of Kansas
Error from Riley District Court. Crowther sued Elliott, and alleged in his petition that" on the 27th of June, 1868, the parties entered into a written contract, in and by which plaintiff agreed to sell to defendant all plaintiff’s interest in the “ Kansas Radical,r newspaper establishment, for $100, payment to be made and possession given on the 8th of August following y. also, a stock of paper and ink, for $64.71, to be paid' at same time; that until said August 8th,…
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Error from Riley District Court. Crowther sued Elliott, and alleged in his petition that" on the 27th of June, 1868, the parties entered into a written contract, in and by which plaintiff agreed to sell to defendant all plaintiff’s interest in the “ Kansas Radical,r newspaper establishment, for $100, payment to be made and possession given on the 8th of August following y. also, a stock of paper and ink, for $64.71, to be paid' at same time; that until said August 8th, plaintiff should continue in charge of said newspaper, and give it bis personal management and attention, for which services…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, C. J.:
i.practice; wairaT’ The record in this case presents a somewhat novel course of proceedings. It appears from it that a jury was empanneled and sworn, evidence submitted, and “the parties rested the case,” at which point in the proceedings the defendant demurred on the ground that the petition did not state facts that constituted a cause of action, which demurrer was argued and sustained, to “ which ruling of the court, in sustaining the demurrer,” plaintiff excepted. There is no exception to the filing of the demurrer, or to its hearing;…
2Cited by9 opinions
- Stewart v. BalderstonSupreme Court of Kansas · 1872
- City of Atchison v. ByrnesSupreme Court of Kansas · 1879
- Bowersox v. J. W. Hall & Co.Supreme Court of Kansas · 1906
- Downey v. PhillipsSupreme Court of Kansas · 1933
- Upham v. HeadSupreme Court of Kansas · 1906
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