Gerner v. Church
Nebraska Supreme Court
Error from the district court of Lancaster county. Tried below before Hall, J. The facts are stated by the commissioner. The law under which parties contract is part of the contract, and their obligations are determined with reference to it; and they are presumed to have intended the contract shall be construed, and obligations determined by it, as though written in it.
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Error from the district court of Lancaster county. Tried below before Hall, J. The facts are stated by the commissioner. The law under which parties contract is part of the contract, and their obligations are determined with reference to it; and they are presumed to have intended the contract shall be construed, and obligations determined by it, as though written in it. The ordinances of the city of Lincoln relating to use and construction of theatre buildings, aud proof of plaintiff’s failure to comply therewith, were therefore erroneously excluded. (Dorrington v. Myers, 11 Neb., 389;…
1Opinion of the Court
Ragan, C.
On the 10th day of April, 1891, Henry Gerner and a •number of other parties signed and delivered to Edward A. Church and Henry Oliver a writing or subscription paper in words and figures as follows:
“Lincoln, Neb., April 10,1891.
“ Know all men by these presents, that we, the undersigned property owners in the city of Lincoln, Nebraska, hereby undertake, promise, and agree to pay to Edward A. Church and Henry Oliver, or order, the sums of money -set opposite our respective names upon the condition only that said Church & Oliver shall erect and complete or cause to be completed ready…
2Cases cited13 opinions
- Brady v. North Western InsuranceMichigan Supreme Court · 1863
- Dorrington v. MyersNebraska Supreme Court · 1881
- Hoagland v. Van EttenNebraska Supreme Court · 1888
- Hoagland v. Van EttenNebraska Supreme Court · 1888
- Cordes v. MillerMichigan Supreme Court · 1878
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McWilliams v. GriffinNebraska Supreme Court · 1937
- Sylvester v. Carpenter Paper Co.Nebraska Supreme Court · 1898
- Union Pacific Railway Co. v. VincentNebraska Supreme Court · 1899
- Cunningham v. Weyerhaeuser Timber Co.District Court, W.D. Washington · 1943
- Progress Amusement Co. v. BakerWashington Supreme Court · 1919
4 more not listed; retrieve them via the Exa API.