Askier v. Donnelly
Can I rely on this case?
Yes — no negative treatment found
- —
- —
Analysis generated from citing opinions in this archive. Not legal advice.
Askier v. Donnelly
Opinion of the Court
Plaintiff brought this action to recover $208.56 for some tools which he alleged he had sold to defendant, and, at defendant’s instance, had delivered to George Schmidt and A. Rounds. It appears that Schmidt had agreed to cut a quantity of timber for defendant and that Rounds was associated with him as a sort of silent partner. Plaintiff testified to the effect that Schmidt and Rounds came to his store and said that they were going to work for defendant and wanted to get some tools; that he refused to sell to them on credit; that at their instance he called defendant by telephone and told him what Schmidt and Rounds had said and what they wanted; that defendant said to him: “Give them the tools and I will see that you get your pay”; and that, on receiving this assurance, he sold the tools and some camp utensils and charged them to “George Schmidt and A. Rounds, Job Donnelly.” Defendant denied having any such conversation with plaintiff or making any such promise. The trial court found that plaintiff had failed to establish a contract or cause of action and directed judgment for defendant. Plaintiff appealed from an order denying a new trial.
Plaintiff challenges several rulings made at the trial. We find no error in them, but, even if erroneous, they involved nothing which would affect the result. The alleged newly discovered evidence was not of a character to require or justify a new trial.
Order affirmed.
Reference
- Full Case Name
- EINAR ASKIER v. M. F. DONNELLY
- Cited By
- 2 cases
- Status
- Published