Keens v. Robertson
Nebraska Supreme Court
Error from the district court of Buffalo county. Tried below before Holcomb, J. The facts are. stated by the commissioner. The agreement is binding. (State Bank of Nebraska v. Green, 8 Neb., 307; McCann v. McLennan, 3 Neb., 29; Palmer v. People, 4 Neb., 76; Rich v. State Nat. Bank of Lincoln, 7 Neb., 201.) The court had power to set aside the stipulation, and that power was properly exercised.
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Error from the district court of Buffalo county. Tried below before Holcomb, J. The facts are. stated by the commissioner. The agreement is binding. (State Bank of Nebraska v. Green, 8 Neb., 307; McCann v. McLennan, 3 Neb., 29; Palmer v. People, 4 Neb., 76; Rich v. State Nat. Bank of Lincoln, 7 Neb., 201.) The court had power to set aside the stipulation, and that power was properly exercised. (Porter v. Holt, 11 S. W. Rep. [Tex.], 494; McClure v. Heirs of Sheek, 4 S. W. Rep. [Tex.], 552; Ward v. Clay, 23 Pac. Rep. [Cal.], 50; Richardson v. Musser, 54 Cal., 196.)
1Opinion of the Court
Ragan, C.
In the district court of Buffalo county, G. M. Johnston, F. M. Waterhouse, and J. A. Waterhouse sued F. G. Keens to recover $50 which they alleged in their petition that Keens had agreed to- pay them when they should commence the erection of a paper-mill within three miles of the Midway Hotel in the city of Kearney and have on the ground, ready for placing in position, $20,000 worth of machinery for said paper-mill. F. Y. Robertson was substituted as plaintiff, had a verdict and judgment, and Keens prosecutes to this court a petition in error.
1. On the 23d day of January, 1892, a…
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