Robeson v. Miller
| Decision Date | 12 February 1894 |
| Citation | 4 Colo.App. 313,35 P. 880 |
| Parties | ROBESON v. MILLER. |
| Court | Colorado Court of Appeals |
Error to Arapahoe county court.
Action by Andrew J. Robeson against Alexander Miller for balance on account for wages. Judgment for plaintiff for $50. Plaintiff brings error. Reversed.
N.M. Laws, for plaintiff in error.
Suit for balance due for wages by Robeson against Miller. Judgment for plaintiff for $50. Plaintiff comes here by writ of error. The principal witnesses were the parties. Both agree that plaintiff worked ten months at $25 per month. They disagree as to payments. Defendant says he paid plaintiff $174.65, and plaintiff says he only received $133.50. Ten months' labor at $25 per month amounts to $250. If plaintiff's figures were correct, he was entitled to judgment for $116.50. If defendant was more worthy of belief, plaintiff was entitled to judgment for $75.35. The court gave judgment for $50. How it found this sum, or why it rendered such a judgment, we are unable to guess. If the plaintiff was right, the judgment was wrong; if the defendant was right, the judgment was wrong; and being wrong upon any hypothesis, it must be reversed.
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Smith v. Faris-Kesl Const. Co., Ltd.
... ... of both parties and inconsistent with the evidence in the ... case. ( King v. Bendell Com. Co., 7 Colo. App. 507, ... 44 P. 377; Robeson v. Miller, 4 Colo. App. 313, 35 ... P. 880; State ex rel. Kimbrell v. People's Ice Storage ... etc. Co., 246 Mo. 168, 151 S.W. 101.) ... ...
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Ferrari v. Brooks-Harrison Fuel Co.
... ... evidence, or to nothing. Under such circumstances, a verdict ... like this ought not to stand. Robeson v. Miller, 4 Colo.App ... 313, 35 P. 880; Hassell I. W. Co. v. Cohen, 36 Colo. 353, 85 ... P. 89; Lenander v. Graves, 45 Colo. 246, 100 P. 403; ... ...
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Thompson v. Davis
... ... 118, ... 128 P. 1123; Hassell Iron Works Co. v. Cohen, 36 ... Colo. 353, 85 P. 89; Jensen v. Nall, 53 Colo. 212, ... 124 P. 471; Robeson v. Miller, 4 Colo.App. 313, 35 ... P. 880; Rankin v. Cardillo, 38 Colo. 216, 88 P. 170 ... It would unduly lengthen this opinion to discuss each ... ...
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Palmer v. Gleason
...Jensen v. Nall, supra; Lenander v. Graves, supra; Burlington Interurban Railway v. Champman, 53 Colo. 28, 123 P. 649; Robeson v. Miller, 4 Colo.App. 313, 35 P. 880. And even where a liquidated sum is involved, this Court has affirmed a judgment for a substantially less amount than the sum f......