Legal Opinion

Moline, Milburn & Stoddard Co. v. Walter A. Wood Mowing & Reaping Machine Co.

Nebraska Supreme Court

Decided December 16, 1896No. 6864PublishedCited by 2 opinions

Error from the district court of Douglas county. Tried below before Ambrose, J. By failure to terminate the contract by giving thirty days’ notice, and by the acts of the parties thereto on and subsequent to December 1, 1891, the contract was renewed for the year 1892, and was in full force and effect at the commencement of this action. {Brady v. Flint, 23 Neb., 785; Yates v. Kinney, 19 Neb., 275; Schuyler v. Smith, 51 N. Y., 309; Critchfield v. Remaley, 21 Neb., 178;…

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Error from the district court of Douglas county. Tried below before Ambrose, J. By failure to terminate the contract by giving thirty days’ notice, and by the acts of the parties thereto on and subsequent to December 1, 1891, the contract was renewed for the year 1892, and was in full force and effect at the commencement of this action. {Brady v. Flint, 23 Neb., 785; Yates v. Kinney, 19 Neb., 275; Schuyler v. Smith, 51 N. Y., 309; Critchfield v. Remaley, 21 Neb., 178; Laugh-ran v. Smith, 75 N. Y., 205; Haynes v. Aldrich, 133 N. Y., 287; Providence County Savings Bank v. Hall, 16 R. I., 154;…

1Opinion of the CourtPost, C. J.

This was an action of replevin in the district court for Douglas county by the Walter A. Wood Mowing & Reaping Machine Company, a corporation (hereafter called the “plaintiff”), against the Moline, Milburn & Stoddard Company (hereafter called the “defendant”) to recover possession of certain farm machinery and extras and attachments thereto, together with a quantity of binding-twine, of the alleged value of $28,626.50, and which was, as claimed, wrongfully detained by the defendant. An answer was filed alleging that on the 1st day of October, 1888, the parties hereto entered into a written…

2Cases cited3 opinions

  1. Wiles Laundering Co. v. . HahloNew York Court of Appeals · 1887
  2. Smith v. SpauldingNebraska Supreme Court · 1894
  3. McMaster v. MerrickMichigan Supreme Court · 1879

3Cited by2 opinions

  1. Morris v. HaasNebraska Supreme Court · 1898
  2. Shaw v. Robinson & Stokes Co.Nebraska Supreme Court · 1897

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