Burke v. Frye
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Keysor, J. cited, contending that agency could not be proved merely by declarations of the alleged agent: 1 Greenleaf, Evidence [14th ed.], sec. 114, and cases there cited; Cleveland Stove Co. v. Hovey, 26 Neb., 624; contending that plaintiffs in error owed the implied duty to sell at South Omaha': The authorities cited in the opinion, and Phy v. Clark, 35 111., 377-382.
1Opinion of the Court
Ryan, C.
In September, 1888, the firm of Frye & Bruhn shipped from Idaho to the firm of George Burke & Frazier, a live stock commission firm in South Omaha, sixty-two head of cattle. The firm first named had, previous to said shipment, written to that last named that the number of cattle proposed to be shipped was seventy-three. After shipment, however, there was written the following letter;
*224“Pocatello, September 9, 1888.
“Messrs. Burhe & Frazier, South Omaha — Dear Sirs: Instead of shipping four ear loads of cattle which, we started with from Shoshone, we culled them some and sent three car…
2Cases cited5 opinions
- Phillips v. ScottSupreme Court of Missouri · 1868
- Stoll v. SheldonNebraska Supreme Court · 1882
- Graul v. StrutzelSupreme Court of Iowa · 1880
- Kauffman v. BeasleyTexas Supreme Court · 1881
- Dunphy v. BartenbachNebraska Supreme Court · 1894
3Cited by12 opinions
- Columbia National Bank v. H. M. Rice & Co.Nebraska Supreme Court · 1896
- Fitzgerald v. Kimball Bros.Nebraska Supreme Court · 1906
- Learn v. UpstillNebraska Supreme Court · 1897
- Richardson & Boynton Co. v. School District No. ElevenNebraska Supreme Court · 1895
- Anheuser-Busch Brewing Ass'n v. MurrayNebraska Supreme Court · 1896
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