Frenzer v. Dufrene
Nebraska Supreme Court
Error from tlie district court of Douglas county. Tried below before Blair, J. The opinion contains a statement of the case.
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Error from tlie district court of Douglas county. Tried below before Blair, J. The opinion contains a statement of the case. Where defendant assigns a reason for refusing to keep his agreement he cannot base his refusal on other grounds after he has been sued. {Foley v. Eoltry, 41 Neb. 563; Ballou v. Sherwood, 32 Neb. 666; Ohio & M. R. Go. v. Mc-Garthy, 96 U. S. 258.) Plaintiff’s offer to cash the note was sufficient. {Smith v. Leicis, 26 Conn. 119; Ciarle v. Weis, 87 111. 438; Gould v. Banks, 8 Wend. [N. Y.] 562; Wright v. Reed, 3 Durn. & E. [Eng.] 554; Dufy v. O’Donovan, 46 N. Y. 223;…
1Opinion of the CourtSullivan, J.
This action was brought by John N. Frenzer against Alfred R. Dufrene and tried to a jury in the district court of Douglas county. In the first count of the petition, with which alone we are concerned, it is alleged that there is due to the plaintiff from the defendant the sum of $375 on an express contract for services rendered in negotiating with the Penn Mutual Insurance Company for a loan upon Omaha real estate. The defenses relied upon were (1) that the company did not make the loan and was not ready to make it, and (2) the non-performance by the plaintiff of a concurrent promise to cash…
2Cases cited5 opinions
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Ballou v. SherwoodNebraska Supreme Court · 1891
- Smith v. LewisSupreme Court of Connecticut · 1857
- Clark v. WeisIllinois Supreme Court · 1877
- Smith v. LewisSupreme Court of Connecticut · 1856
3Cited by18 opinions
- Hamblin v. Equitable Life Assurance SocietyNebraska Supreme Court · 1933
- Kansas Union Life Ins. v. BurmanCourt of Appeals for the Eighth Circuit · 1905
- Hilmer v. Western Travelers Accident Ass'nNebraska Supreme Court · 1910
- Sandefur v. HinesSupreme Court of Kansas · 1904
- Powers v. BohuslavNebraska Supreme Court · 1909
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