Legal Opinion

J. E. Jones & Co. v. Pacific Wood, Lumber & Flume Co.

Nevada Supreme Court

Decided April 15, 1878No. 856PublishedCited by 8 opinions

Appeal from tlie District Court of the Second Judicial District, Washoe County. Instructions 2 and 3 offered by defendant and referred to in the opinion, read as follows: No. 2. “If the jury believe that prior to the making and presentment to D. H. Jones as agent for the defendant, of the order of July 21, for ten thousand dollars, it had been agreed between this defendant by said Jones as agent of the defendant, and M. Pettinelli & Go., that the defendant should guarantee…

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Appeal from tlie District Court of the Second Judicial District, Washoe County. Instructions 2 and 3 offered by defendant and referred to in the opinion, read as follows: No. 2. “If the jury believe that prior to the making and presentment to D. H. Jones as agent for the defendant, of the order of July 21, for ten thousand dollars, it had been agreed between this defendant by said Jones as agent of the defendant, and M. Pettinelli & Go., that the defendant should guarantee to pay the workmen of said Pettinelli & Co., the amount due from said firm, and said Jones as agent for the defendant did…

1Opinion of the Court

By the Court,

Leonard, J.:

In August, 1875, defendant entered into a written contract with M. Pettinelli and M. Pardini, partners and doing business under the firm name of M. Pettinelli & Co., whereby P. & Co. agreed, prior to July 1, 1876, to cut, manufacture and pile for defendant, thirty thousand cords of fire wood of a stipulated length, upon lands of defendant, selected and agreed upon by both parties. P. & Go. also agreed to cut all trees suitable for mill purposes into saw-logs of certain length and diameter, or pay all damages for failure so to do, and to “ clear up ” the land whereon…

2Cases cited9 opinions

  1. Dykers v. Leather Manufacturers' BankNew York Court of Chancery · 1845
  2. Kimball v. DonaldSupreme Court of Missouri · 1855
  3. Lunt v. Bank of North AmericaNew York Supreme Court · 1867
  4. Hall v. City of BuffaloNew York Court of Appeals · 1864
  5. Winter v. . DruryNew York Court of Appeals · 1851

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Harrison v. WrightIndiana Supreme Court · 1885
  2. Donohoe-Kelly Banking Co. v. Southern Pacific Co.California Supreme Court · 1902
  3. NEVADA R. & S. CO. v. United States Dept. of Treasury IRSDistrict Court, D. Nevada · 1974
  4. Ybarra v. StateNevada Supreme Court · 1987
  5. Moore v. DavisMichigan Supreme Court · 1885

3 more not listed; retrieve them via the Exa API.

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