Ballou v. Sherwood
Nebraska Supreme Court
Appeal from the district court for Douglas county. Heard below before Wakeley, J. Mutuality in the contract is established where one party only signs. (Miller v. Cameron, 15 Atl. Rep. [N. J.], 842; Justice v. Lang, 42 N. Y., 493; Thayer v. Luce, 22 O. St., 62; Clason v. Bailey, 14 Johns. [N. Y.],484; Garlrellv. Stafford, 12 Neb., 552; Lowber v. Cornnit, 36 Wis., 176; Laythoarp v. Bryant, 2 Bing. [N. C., Eng.], 736*; Fry, Spec.
Read the full summary
Appeal from the district court for Douglas county. Heard below before Wakeley, J. Mutuality in the contract is established where one party only signs. (Miller v. Cameron, 15 Atl. Rep. [N. J.], 842; Justice v. Lang, 42 N. Y., 493; Thayer v. Luce, 22 O. St., 62; Clason v. Bailey, 14 Johns. [N. Y.],484; Garlrellv. Stafford, 12 Neb., 552; Lowber v. Cornnit, 36 Wis., 176; Laythoarp v. Bryant, 2 Bing. [N. C., Eng.], 736*; Fry, Spec. Per. of Cont., 201, 202; Morin v. Martz, 13 Minn., 191; Brumfield v. Carson, 33 Ind., 94; Reed, Stat. of Frauds, sec. 359; Hseley v. Malchow, 9 Neb., 174; Connor v.…
1Opinion of the Court
Cobb, Ch. J.
The plaintiffs and appellants filed their amended and supplemental petition in the court below, alleging that on December 10, 1887, the defendant was the owner in fee of lot 4, and the west one-third of lot 3, in block 77, in the city of Omaha; that on said date, and prior thereto, the plaintiffs were the owners in fee of lot 2, in block 174, and the east half of lots 5 and 6, in block 80, in the city of Omaha; also twenty acres of land adjoining Cote Brilliante, an addition to the city of Omaha, and described as follows: Beginning at the southwest corner of section 29, township…
Also in this document: Concurrence; Dissent.
2Cases cited29 opinions
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Godden v. KimmellSupreme Court of the United States · 1879
- Hurley v. BrownMassachusetts Supreme Judicial Court · 1868
- Richmond v. Dubuque & Sioux City R. R.Supreme Court of Iowa · 1871
- Quinnin v. ReimersMichigan Supreme Court · 1881
24 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Tewksbury v. HowardIndiana Supreme Court · 1894
- Union Cent. Life Ins. v. DrakeCourt of Appeals for the Eighth Circuit · 1914
- Hamblin v. Equitable Life Assurance SocietyNebraska Supreme Court · 1933
- Kansas Union Life Ins. v. BurmanCourt of Appeals for the Eighth Circuit · 1905
- Hilmer v. Western Travelers Accident Ass'nNebraska Supreme Court · 1910
39 more not listed; retrieve them via the Exa API.