Walter Bros. v. Reed & Gerard
Nebraska Supreme Court
Error to the district court for Thayer county. Tried below before Morris, J. Where the purchase money is to be paid when the goods are delivered, the plaintiff must plead and prove that he was able, ready, and willing to pay the purchase money at the time and place of delivery.
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Error to the district court for Thayer county. Tried below before Morris, J. Where the purchase money is to be paid when the goods are delivered, the plaintiff must plead and prove that he was able, ready, and willing to pay the purchase money at the time and place of delivery. (2 Parsons, Con., 525*, €77*; Topping v. Root, 5 Cow. [N. Y.], 404; Vail v. Rice, 5 N. Y., 156; Bronson v. Wyman, 8 Id., 188; Porter v. Rose, 12 Johns. [N. Y.], 209; Morton v. Lamb, 7 T. R. [Eng.], 125; Rawson v. Johnson, 1 East [Eng.], 203; Morrison v. Ives, 4 S. & M. [Miss.], 660. The verdict is excessive and it is…
1Opinion of the Court
Maxwell, Ch. J.
This is an action by purchasers against the seller to recover for an alleged failure to deliver 150 fat steers according to contract. On the trial of the cause the jury returned a verdict in favor of the defendants in error for the sum of $1,000, upon which judgment was rendered. It appears from the record that Reed & Gerard, who were stockmen, entered into a written contract with the Walter Brothers, who were engaged in a similar business, by the terms of which *547the Walter Brothers agreed to deliver to Reed & Gerard, twelve hours off feed and water, 150 head of good, smooth…
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