Skinker v. Clute
Nevada Supreme Court
Appeal from the District Court of the Seventh Judicial District, Lincoln County. This was an action by John Sldnker of San Francisco, California, against the firm of Clute Young of Pioche, to recover $814 30, for fuse sold and delivered, with interest thereon from June 10, 1873. The answer, as stated in the opinion, failed to deny the material facts alleged; but set up by way of counter claim a claim for $500, for alleged breach of an agreement by plaintiff to furnish…
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Appeal from the District Court of the Seventh Judicial District, Lincoln County. This was an action by John Sldnker of San Francisco, California, against the firm of Clute Young of Pioche, to recover $814 30, for fuse sold and delivered, with interest thereon from June 10, 1873. The answer, as stated in the opinion, failed to deny the material facts alleged; but set up by way of counter claim a claim for $500, for alleged breach of an agreement by plaintiff to furnish defendants with all the powder and fuse they might requite. The action was tried by jury, and resulted in a verdict in favor…
1Opinion of the Court
By the Court,
Belknap, J. :
This action was brought to recover $314 30 for goods sold and delivered. The answer admits the receipt of-the goods. It does not deny their value and that no part of it has been paid, but denies all indebtedness, and sets up as counter claim a breach of contract arising out of the transaction sued *345upon and prays damages therefor in the sum of five hundred dollars. The reasonable construction of this pleading is an admission of the plaintiff’s claim to the extent set forth in the complaint, subject to the defendants’ counter claim. This interpretation was adopted by…
2Cases cited1 opinion
- Flannery v. AndersonNevada Supreme Court · 1868
3Cited by3 opinions
- Gray v. BekinsCalifornia Supreme Court · 1921
- Paradise Homes, Inc. v. Central Surety and Ins. Corp.Nevada Supreme Court · 1968
- Diamond Match Co. v. Aetna Casualty & Surety Co.California Court of Appeal · 1923