Morrill v. Tehama Consolidated Mill & Mining Co.
Nevada Supreme Court
Appeal from the District Court of the Eigbtb Judicial . District, White Pine County. The complaint in this action alleges that on the 12th day of September, 1872, the defendant made and entered into an agreement in writing that the said plaintiff should deliver to the defendant at its mill in White Pine County, three thousand five hundred cords of cord wood on or before the 1st day of February, A. D. 1873; that in consideration of the terms and conditions of said agreement…
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Appeal from the District Court of the Eigbtb Judicial . District, White Pine County. The complaint in this action alleges that on the 12th day of September, 1872, the defendant made and entered into an agreement in writing that the said plaintiff should deliver to the defendant at its mill in White Pine County, three thousand five hundred cords of cord wood on or before the 1st day of February, A. D. 1873; that in consideration of the terms and conditions of said agreement being kept and performed by said plaintiff, the said defendant then and there agreed to pay said plaintiff seven dollars…
1Opinion of the Court
By the Court,
Eaell, J.:
This action was brought by plaintiff to recover damages for the breach, on the part of the defendant, of a contract which the plaintiff claims was entered into between him and the defendant on the 3,2th day of September, 1872, and if he is entitled to recover, it is upon the theory that the contract declared on was consummated by the parties. The action was tried by the court without a jury, and judgment entered for the defendant. The plaintiff moved for a new-trial and assigned in his statement as grounds therefor, the following: “The evidence is insufficient to…
2Cases cited8 opinions
- Townsend v. CorningNew York Supreme Court · 1840
- Dodge v. HopkinsWisconsin Supreme Court · 1861
- Tucker v. WoodsNew York Supreme Court · 1815
- Tewksbury v. O'ConnellCalifornia Supreme Court · 1862
- Johnston & Lyon v. FesslerSupreme Court of Pennsylvania · 1838
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Spinney v. DowningCalifornia Supreme Court · 1895
- Hinote v. BrigmanSupreme Court of Florida · 1902
- Durst v. JollyCalifornia Court of Appeal · 1917
- Linnard v. SonnenscheinCalifornia Court of Appeal · 1928
- Dolge v. MasekNevada Supreme Court · 1954
19 more not listed; retrieve them via the Exa API.