Robinson Consolidated Min. Co. v. Johnson
Supreme Court of Colorado
Appeal from District Court of LaTce County. The allegations of the complaint in this action, so far as they are necessary to a correct understanding of the matters involved in this appeal, are to the following effect: That in 1882 William H. Johnson, appellee herein, plaintiff below, entered into a verbal contract with the Eobinson Consolidated Mining Company, defendant, a corporation duly organized, to furnish, sell and deliver to defendant at its smelting works, in the…
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Appeal from District Court of LaTce County. The allegations of the complaint in this action, so far as they are necessary to a correct understanding of the matters involved in this appeal, are to the following effect: That in 1882 William H. Johnson, appellee herein, plaintiff below, entered into a verbal contract with the Eobinson Consolidated Mining Company, defendant, a corporation duly organized, to furnish, sell and deliver to defendant at its smelting works, in the town of Eobinson, Summit county, Colorado, two hundred and forty thousand bushels of charcoal at the stipulated price of…
1Opinion of the CourtJustice Elliott
This was an action by a vendor against a vendee of goods for refusal to accept and pay for the same. The complaint alleges that the plaintiff entered into a contract with defendant to furnish, sell and deliver to defendant a certain quantity of charcoal at a certain stipulated price. But it is nowhere alleged that defendant bought, purchased or agreed to accept or pay for the same, or any part thereof.. For this reason it is contended by appellant that the contract as stated is unilateral; and that the complaint is defective in substance. It is certain that the usual form of declaring in…
2Cases cited11 opinions
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Richardson v. HardwickSupreme Court of the United States · 1882
- McKinley v. WatkinsIllinois Supreme Court · 1851
- Houston & Texas Central Railway Co. v. MitchellTexas Supreme Court · 1873
- Gordon v. DarnellSupreme Court of Colorado · 1880
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3Cited by16 opinions
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- Empire Ranch & Cattle Co. v. BenderSupreme Court of Colorado · 1911
- Hammer v. DowningOregon Supreme Court · 1901
- Childers v. BairdSupreme Court of Colorado · 1915
- Calvert v. CalvertSupreme Court of Colorado · 1890
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