Hutchens v. Sutherland
Nevada Supreme Court
Appeal from judgment on non-suit from District Court, Humboldt county; A. E. Cheney, District Judge. The facts are stated in the opinion.
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Appeal from judgment on non-suit from District Court, Humboldt county; A. E. Cheney, District Judge. The facts are stated in the opinion. This is an appeal from the judgment of non-suit upon a part of the counts in plaintiff’s complaint. [After several pages of argument on facts and pleadings.] Defendant’s ground for non-suit, that plaintiff was discharged by defendant without objection or protest, and that he voluntarily quit defendant’s service, is a marvel of misconstruction. The facts shown entitle plaintiff to a retrial of this cause and to a judgment in accordance with the prayer of…
1Opinion of the Court
By the Court,
Bigelow, C. J.:
On the 13th day of March, 1891, the plaintiff sold the defendant several mining claims, together with other real and personal property, for a consideration of $10,000 in money and 50 per cent of the net proceeds of the mines, until the sum of $20,000 more should be paid him. An instrument in writing was drawn up to this effect, in which it was stated that it was distinctly understood and agreed that this money was not to be paid until there were net proceeds, and then only out of 50 per cent of such net proceeds. The instrument also contained a provision that the…
2Cases cited1 opinion
- State Ex Rel. Powning v. JonesNevada Supreme Court · 1893
3Cited by7 opinions
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- Linebarger v. DevineNevada Supreme Court · 1923
- Ten Broeck Tyre Co. v. Rubber Trading Co.Court of Appeals of Kentucky · 1919
- Leeker v. MarcotteArizona Supreme Court · 1932
- Lagrange Construction, Inc. v. KENT CORPORATIONNevada Supreme Court · 1972
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