Gallagher v. Holland
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Lyon County. Richard Rising, District Judge. This action was brought by the administrator of the estate of Merritt to recover from appellant the sum of eleven hundred dollars, the alleged value of six horses sold by appellant under the terms of a lease as set forth in the opinion.
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Appeal from the District Court of the State of Nevada, Lyon County. Richard Rising, District Judge. This action was brought by the administrator of the estate of Merritt to recover from appellant the sum of eleven hundred dollars, the alleged value of six horses sold by appellant under the terms of a lease as set forth in the opinion. Appellant in his answer denied the material allegations of the complaint and in addition affirmatively pleaded a full performance of all the conditions of the lease on his part. In addition to the instructions set forth in the opinion, the • district court…
1Opinion of the Court
By the Court,
Hawley, J.:
James Merritt, in hi? life-time, leased appellant certain lands and personal property. One of the questions at issue in this case depends upon the construction of the following clause in the lease: “And it is agreed that the party of the second part is to have the privilege to sell any of the said horses, and replace the same with horses out of his share of the increase of said horses.” During the pendency of this lease, appellant traded three horses for a jack, and sold three others, making six in all. At the termination of the lease respondent and appellant met, by…
2Cited by6 opinions
- Dennis v. BintCalifornia Supreme Court · 1898
- Beresford v. American Coal Co.Supreme Court of Iowa · 1904
- Atchison, Topeka & Santa Fe Railway Company, a Corporation v. Arzola Virginia Preston, as Administratrix of the Estate of Eugene H. Preston, DeceasedCourt of Appeals for the Tenth Circuit · 1958
- Bank of Commerce & Trust Co. v. HumphreyCalifornia Court of Appeal · 1919
- Estwin Corp. v. Prescription Center Pharmacy, Inc.Nevada Supreme Court · 1977
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