Legal Opinion

Benites v. Hampton

Utah Supreme Court

Decided January 15, 1884PublishedCited by 5 opinions

Appeal from the third district. The opinion states the facts. No brief on file. The variance between the allegations and the proofs in this cause was necessarily fatal: 1 Greenl. Ev., secs. 63, 66, and note; Addington v. Magan, 2 Eng. L. & Eq. 827. The items of the account, as well as any and all claims, for “ goods, wares, and merchandise,” became merged in the account stated : 2 Greenl. Ev., see. 127; 13 Cal. 427; 4 Wis. 220; 33 Cal. 694; 1 Utah, 317..

1Opinion of the Court

Twiss, J.:

The complaint alleges that the defendants, between the thirtieth day of June, 1875, and the thirty-first day of August, 1876, were partners, doing business under the firm name of Bieknell, Morrisson & Co. “That on the thirty-*371first day of August, 1876, tbe said defendants, as partners, were indebted to plaintiff on a balance of account for goods, wares, and merchandise, before that time sold and delivered, in the sum of one thousand six hundred and sixty-three dollars and seventy cents; that being so indebted, as aforesaid, there was an account stated by and between plaintiff and…

2Cases cited4 opinions

  1. Lockwood v. . ThorneNew York Court of Appeals · 1858
  2. Wiggins v. BurkhamSupreme Court of the United States · 1870
  3. Lockwood v. . ThorneNew York Court of Appeals · 1854
  4. Terry v. SicklesCalifornia Supreme Court · 1859

3Cited by5 opinions

  1. Daytona Bridge Co. v. BondSupreme Court of Florida · 1904
  2. Chittenden & Eastman Co. v. Leader Furniture Co.Arizona Supreme Court · 1921
  3. Scoville v. Kellogg Sales Co.Utah Supreme Court · 1953
  4. Piper v. SalemArizona Supreme Court · 1936
  5. Scoville v. Kellogg Sales Co.Utah Supreme Court · 1953

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