Legal Opinion

Justice v. Button

Nebraska Supreme Court

Decided May 23, 1911No. 16,448PublishedCited by 17 opinions

Appeal from the district court for Lancaster county: Albert J. Cornish, Judge.

1Opinion of the CourtRoot, J.

In January, 1908, the defendant Button Land Company, by a written contract with the plaintiff, agreed to sell him a tract of land in Colorado and received $300 upon the purchase price. At that time the defendant did not own the land, but this fact was known to the plaintiff. Shortly thereafter the defendant orally agreed to furnish the plaintiff an abstract of title. Both parties treat this agreement as supported by the consideration which sustains the written contract, and we shall so consider it. The deal was to be closed on or before March 5, 1908, but the defendant could not perform on…

2Cases cited6 opinions

  1. Moore v. . WilliamsNew York Court of Appeals · 1889
  2. Fagan v. HookSupreme Court of Iowa · 1905
  3. Peckham v. StewartCalifornia Supreme Court · 1893
  4. Durham v. HadleySupreme Court of Kansas · 1891
  5. Platte Land Co. v. HubbardColorado Court of Appeals · 1899

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3Cited by17 opinions

  1. Janulewycz v. QuaglianoSupreme Court of Connecticut · 1914
  2. Kenefick v. SchumakerIndiana Court of Appeals · 1917
  3. McCarty v. LinghamOhio Supreme Court · 1924
  4. Podewitz v. GERING NATIONAL BANKNebraska Supreme Court · 1960
  5. Drew v. BowenSupreme Court of Vermont · 1929

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