(DOWNLOAD) "Dotson v. United States" by United States Court of Appeals Tenth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Dotson v. United States
- Author : United States Court of Appeals Tenth Circuit
- Release Date : January 10, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
This is an appeal from a judgment in favor of the plaintiff, Oregon-Washington Plywood Company, in an action to recover the purchase price of two truck loads of plywood alleged to have been sold to the defendants, J. Walter Lindsey and Jay W. Lindsey, doing business as Lindsey Lumber & Supplies, a copartnership, at Denver, Colorado. The defendants denied that the sale of the plywood was made to them, and alleged that they purchased the plywood from Cal-Ore-Ida Lumber Company of Boise, Idaho, for resale to their customers. Trial was to the court without a jury and in its findings the trial court stated, "From the evidence, it is the finding of this Court that, during the month of May, 1957, plaintiff, at the request of and on the order of the defendants, sold and delivered to defendants, plywood of an agreed and reasonable value of the amount hereinabove stated, and that defendants have failed and refused to pay to plaintiff any portion of said agreed amount." The defendants contend that the finding is not supported by the evidence, and that the court erred in not concluding as a matter of law that the defendants agreement was not an original undertaking, but was an agreement to answer for the debt of a third party, and therefore void under the Colorado statute of frauds. Colo.Rev.Statutes (1953) § 59-1-12.
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