Legal Opinion

Smith v. Gibson

Nebraska Supreme Court

Decided January 15, 1889PublishedCited by 11 opinions

Error to the district court for Douglas county. Tried below before Wakeley, J. cited: Ontario-Bank v. Root, 3 Paige, 478. Champlin v. Parrish, 11 Paige, 408. Fry on Specific Performance, Sec. 166. Sunderson v. Jackson, Langdell’s Select Cases on Sales, 340. Allen v. Burk, 2 Md. Cli. Dec., 534. Legal v. Miller, 2 Ves., Sen., 299. Mainwaring v. Baxter, 5 Ves., 458. Jjanz v. McLaughlin, 14 Minn., 72. Palmer v. Scott, 1 Russell & Mylne (Eng.

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Error to the district court for Douglas county. Tried below before Wakeley, J. cited: Ontario-Bank v. Root, 3 Paige, 478. Champlin v. Parrish, 11 Paige, 408. Fry on Specific Performance, Sec. 166. Sunderson v. Jackson, Langdell’s Select Cases on Sales, 340. Allen v. Burk, 2 Md. Cli. Dec., 534. Legal v. Miller, 2 Ves., Sen., 299. Mainwaring v. Baxter, 5 Ves., 458. Jjanz v. McLaughlin, 14 Minn., 72. Palmer v. Scott, 1 Russell & Mylne (Eng. Chancery), 394. Justice v. Lang,. 52 N. Y., 323. Garirell v. Stafford, 12 Neb., 553. Champion v. Joslin, 44 N. Y., 653. Greenleaf on Evidence-,(13th Ed.),…

1Opinion of the Court

Reese, Ch. J.

This was an action to compel the specific performance' -of a contract for the sale of real estate. It appears from, the record that, on the 1st day of September, 1885, plaint-, iff in error, being the owner of lot eight in block eight. in Hanscom’s addition to the city of Omaha, leased the-same to defendant in error for the term of one year-from that date, for a rental of $275, $25 of which was; payable on the 1st day of the following month, and $25, to be paid on the first 8ay of each succeeding month, during the year. The lease contained the following provision: “And it is…

2Cases cited2 opinions

  1. Kellogg v. LavenderNebraska Supreme Court · 1879
  2. Baldwin v. FossNebraska Supreme Court · 1884

3Cited by11 opinions

  1. Mauzy v. ElliottNebraska Supreme Court · 1946
  2. Reynolds v. Omaha General Iron WorksNebraska Supreme Court · 1920
  3. Casto v. CookWest Virginia Supreme Court · 1922
  4. Dengler v. FowlerNebraska Supreme Court · 1913
  5. Glenn v. Tide Water Associated Oil Co.Court of Chancery of Delaware · 1953

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