Powder River Live Stock Co. v. Lamb
Nebraska Supreme Court
Error from the district court of Stanton county. Tried below before Powers, J. The opinion contains a statement of the case. • The answer of the defendant denies the several allegations of the petition and presents the question of the statute of frauds as one of the issues in the case. By the general denial the defendant had a right to avail itself of the invalidity of the agreement under the statute of frauds. It was unnecessary to plead the statute as a special defense.
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Error from the district court of Stanton county. Tried below before Powers, J. The opinion contains a statement of the case. • The answer of the defendant denies the several allegations of the petition and presents the question of the statute of frauds as one of the issues in the case. By the general denial the defendant had a right to avail itself of the invalidity of the agreement under the statute of frauds. It was unnecessary to plead the statute as a special defense. (Browne, Statute of Frauds [3d ed.], sec. 511; 8 Am. & Eng. Ency. Law, 747, note 2; Berrien v. Southaclc, 7 N. Y. Supp.,…
1Opinion of the CourtNoryal, J.
This was an action commenced by Charles L. Lamb to recover of plaintiff in error $1,849.15 and interest thereon, as a balance due for a quantity of corn alleged to have been sold and delivered by plaintiff to defendant. The amended petition upon which the case was tried alleges :
“1. That said defendant is a corporation duly organized *342and existing under the general laws of the state of Colorado, and doing business in Stanton county, Nebraska.
“2. That some time in the month of October, 1886, the precise date whereof the plaintiff is unable to more specifically state, the plaintiff and defendant…
2Cases cited26 opinions
- Barton v. GrayMichigan Supreme Court · 1885
- Kent v. . KentNew York Court of Appeals · 1875
- Caulkins v. . HellmanNew York Court of Appeals · 1872
- Stone v. . BrowningNew York Court of Appeals · 1877
- Tatge v. TatgeSupreme Court of Minnesota · 1885
21 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Carter White Lead Co. v. KinlinNebraska Supreme Court · 1896
- Ferguson v. StateNebraska Supreme Court · 1897
- State v. DushNebraska Supreme Court · 1983
- Gill v. EagletonNebraska Supreme Court · 1922
- Omaha Street Railway Co. v. BoesenNebraska Supreme Court · 1903
23 more not listed; retrieve them via the Exa API.