Birdsall, Son & Co. v. Carter
Nebraska Supreme Court
Error to tbe district court for Oass county. Tried below before Pound, J. The case is stated in the opinion. cited 1 Greenleaf Evidence, 553, 558. 1 Parsons Contracts, 588. Predeaum v. Bwrnett, 1 C. B. (N. S.),613. Nichols v. Hail, 4 Neb., 210. cited Hears v. Nicholls, 41 111. 207. Leopold v. Van Kirie, 27 Wis., 152. Carter v. Blade, 46 Mov 384. Richmond v. Greeley, 38 Iowa, 666. Hilton v. Dinsmore, 21 Maine, 412. Potter v. Hopkins, 25 Wend., 417.
1Opinion of the Court
Maxwell, J,
The action is founded on two promissory notes, on which plaintiffs claim there is due the sum of $412.50, and interest from Augn&t 1, 1870.
The answer alleges that said notes were given in con*518sideration of a certain threshing machine which the plaintiffs sold and delivered to the defendants, and for no other consideration whatever: that said plaintiffs entered into a written contract in which'they warranted said machine to these defendants, that it was a first class machine in every respect, that it was to be put up of good materia], thresh the grain clean out of the straw, and to…
2Cases cited2 opinions
- Ralph v. BrownSupreme Court of Pennsylvania · 1842
- Nichols, Shepard & Co. v. HailNebraska Supreme Court · 1876
3Cited by2 opinions
- Reasoner v. YatesNebraska Supreme Court · 1912
- Murphy v. LyonsNebraska Supreme Court · 1886