Legal Opinion

Matt v. Barlow

Nevada Supreme Court

Decided January 15, 1921No. 2439Published

Appeal from Eighth Judicial District Court, Lyon County; James A. Callahan, Judge. Action by Almeda E. Matt and husband against A. H. Barlow and C. A. Norcross. Judgment for plaintiffs, and defendants appeal. The evidence is insufficient to warrant the judgment, which should be reversed.

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Appeal from Eighth Judicial District Court, Lyon County; James A. Callahan, Judge. Action by Almeda E. Matt and husband against A. H. Barlow and C. A. Norcross. Judgment for plaintiffs, and defendants appeal. The evidence is insufficient to warrant the judgment, which should be reversed. No valid or any contract was entered into, the breach of which would make appellants liable for damages for the failure to furnish horses, because the minds of the parties did not meet as to the number of horses, or when or for what purpose they were to be furnished; and neither the complaint nor the evidence…

1Opinion of the Court

*399By the Court,

Coleman, J.:

A suit was brought in the district court of Lyon County to recover damages alleged to have been sustained by Almeda E. Matt for breach of contract of lease. The complaint alleged that on or about March 1, 1918, the defendants verbally leased to Almeda E. Matt 80 acres of land in-Lyon County, Nevada, together with wagon, harness, team, horses, farming implements, tackling and rigging; that it was further agreed that the defendants were to furnish help to clean the ditches on the land leased, to build fences, harvest hay and grain, break 40 acres of land for wheat and…

2Cases cited4 opinions

  1. Sheets v. SeldenSupreme Court of the United States · 1869
  2. Bradbury v. HigginsonCalifornia Supreme Court · 1912
  3. Morse v. MaddoxSupreme Court of Missouri · 1853
  4. Skillen v. Water-Works Co.Indiana Supreme Court · 1874

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