Legal Opinion

Kilmer v. Moneyweight Scale Co.

Indiana Court of Appeals

Decided November 28, 1905No. 5,484PublishedCited by 11 opinions

From Grant Circuit Oourt; H. J. Paulus, Judge. Action by the Moneyweight Scale Company against George W. Kilmer and another. From a judgment for plaintiff, defendants appeal.

1Opinion of the CourtBlack, P. J.

The appellee sued the appellants to recover the price of certain scales, the complaint containing three paragraphs based upon three written and printed orders executed by the appellants, each paragraph seeking recovery of the contract price of one of the scales. A demurrer to each paragraph was overruled; and the three paragraphs were so nearly alike, except as to the amounts stated therein, that it will suffice to show the substantial averments of the first paragraph.

After preliminary statements, it was alleged that the appellants, March I, 1901, executed to the appellee a certain written…

2Cases cited19 opinions

  1. Smith v. BarberIndiana Supreme Court · 1899
  2. Capehart v. Furman Farm Improvement Co.Supreme Court of Alabama · 1893
  3. Dill v. MumfordIndiana Court of Appeals · 1898
  4. Rastetter v. ReynoldsIndiana Supreme Court · 1903
  5. Turk v. CarnahanIndiana Court of Appeals · 1900

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3Cited by11 opinions

  1. Gaar, Scott & Co. v. FleshmanIndiana Court of Appeals · 1906
  2. First Nat. Bank v. YocomOregon Supreme Court · 1920
  3. Cal Hirsch & Sons Iron & Rail Co. v. Peru Steel Casting Co.Indiana Court of Appeals · 1911
  4. Jessup v. Fairbanks, Morse & Co.Indiana Court of Appeals · 1906
  5. Metropolitan Board of Zoning Appeals v. Avis Rent a Car System, Inc.Indiana Court of Appeals · 1991

6 more not listed; retrieve them via the Exa API.

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