Patterson v. Murphy
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Ferguson, J. The opinion contains a statement of the case. When a vendee enters upon the performance of a contract to purchase, pays part of the consideration, and makes inexcusable default, he cannot maintain.an action to recover the money so paid.
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Error from the district court of Douglas county. Tried below before Ferguson, J. The opinion contains a statement of the case. When a vendee enters upon the performance of a contract to purchase, pays part of the consideration, and makes inexcusable default, he cannot maintain.an action to recover the money so paid. (McManus v. Blaehmarr, 50 N. W. Rep. [Minn.], 230.) If time is of the essence of the contract and there is default in payment without just excuse, and without a waiver made on sufficient consideration, the court will not afford relief to the party in default. (Morgan v. Bergen, 3…
1Opinion of the Court
Ryan, ,C.
The petition filed in the district court of Douglas county on behalf of John D. Murphy against Richard C. Patterson was in the following language: “ Now comes the said plaintiff, and for his cause of action against said defendant says that on or about the 16th day of January, 1885, he purchased from said defendant lot 3, in block K, of Saunders & Heimbaugh’s addition, as surveyed, platted, and recorded, for the sum of $200; that at the time of the purchase of said lot said plaintiff paid said defendant the sum of $80 as part payment on said lot 3, and said plaintiff entered into an…
2Cases cited3 opinions
- Renfrew v. WillisNebraska Supreme Court · 1891
- Eaton v. RedickNebraska Supreme Court · 1871
- Herman v. EdsonNebraska Supreme Court · 1879
3Cited by9 opinions
- Jones v. Mississippi Farms Co.Mississippi Supreme Court · 1917
- Pfeiffer v. NormanNorth Dakota Supreme Court · 1911
- Dodge ex rel. Dodge v. GalushaNebraska Supreme Court · 1949
- Brown v. UlrichNebraska Supreme Court · 1896
- Whiteman v. PerkinsNebraska Supreme Court · 1898
4 more not listed; retrieve them via the Exa API.