Warren v. Glasgow Exploration Co.
Nevada Supreme Court
Appeal from Sixth Judicial District Court, Humboldt County; Edward A. Bucher, Judge. Action by H. Warren against the Glasgow and Western Exploration Company, Limited. From a judgment for plaintiff, defendant appeals. Respondent has tried to avoid the bar of the statute of limitations by suing on a quantum meruit, with a continuing contract as a base. The testimony shows that he entered into an express contract, containing a stipulated price for his services each year.
Read the full summary
Appeal from Sixth Judicial District Court, Humboldt County; Edward A. Bucher, Judge. Action by H. Warren against the Glasgow and Western Exploration Company, Limited. From a judgment for plaintiff, defendant appeals. Respondent has tried to avoid the bar of the statute of limitations by suing on a quantum meruit, with a continuing contract as a base. The testimony shows that he entered into an express contract, containing a stipulated price for his services each year. He could have sued either on quantum meruit or the implied contract, but he is seeking to avoid the bar of the statute of…
1Opinion of the Court
*105By the Court,
Norcross, C. J.:
This is an appeal from a judgment and an order denying defendant’s motion for a new trial. Plaintiff brought his action upon contract and prayed judgment in the sum of $1,491.66 and costs.
After alleging the corporate capacity of defendant, the complaint alleges:
" That between the 16th day of December, 1898, and the 15th day of November, 1913, the plaintiff has continuously i and at all times between said dates rendered services to thé defendant, at its instance and request, as state agent, and resident agent upon whom process might be served, for the defendant in…
2Cases cited10 opinions
- Adams v. . the Fort Plain BankNew York Court of Appeals · 1867
- Burgess v. HelmNevada Supreme Court · 1898
- Ennis v. Pullman Palace Car Co.Illinois Supreme Court · 1896
- Davis v. . GortonNew York Court of Appeals · 1857
- Freeman v. FreemanIllinois Supreme Court · 1872
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Close v. RedeliusNevada Supreme Court · 1950
- United Tungsten Corp. v. Corporation Service, Inc.Nevada Supreme Court · 1960
- Herrmann v. BlaseNevada Supreme Court · 1961