State Ex Rel. Powning v. Jones
Nevada Supreme Court
Original application for writ of mandate. The facts fully appear in the following statement by the justice delivering the opinion; Original application to compel the respondents as respectively land register and treasurer of the state of Nevada, to receive from the relator the interest due upon a certain forty acres of land which the state had, along with other lands, contracted to sell to him.
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Original application for writ of mandate. The facts fully appear in the following statement by the justice delivering the opinion; Original application to compel the respondents as respectively land register and treasurer of the state of Nevada, to receive from the relator the interest due upon a certain forty acres of land which the state had, along with other lands, contracted to sell to him. The respondents refused to receive the money upon the ground that the contract was entire, and that the relator must pay interest upon all the land included therein, or forfeit all of it. Tlie contract…
1Opinion of the Court
By the Court,
Bigelow, J.
(after stating the facts as above):
This case has been argued and submitted to us upon the assumption that the relator had the right, whenever he saw fit, to refuse to pay the interest due upon the contract involved in this action, and thereby to throw up or surrender the entire contract; and further that he would also have that right as to a part of the land included therein, provided the contract is a separable or divisible one. As the latter point seems sufficient for the determination of the action, we shall make the same assumptions, and consider only that…
2Cases cited3 opinions
- Morse v. BrackettMassachusetts Supreme Judicial Court · 1867
- Mansfield v. TriggMassachusetts Supreme Judicial Court · 1873
- More v. BonnetCalifornia Supreme Court · 1870
3Cited by7 opinions
- Eastland County v. DavissonTexas Commission of Appeals · 1929
- Moore v. Rochester Weaver Mining Co.Nevada Supreme Court · 1918
- Linebarger v. DevineNevada Supreme Court · 1923
- Leeker v. MarcotteArizona Supreme Court · 1932
- Hutchens v. SutherlandNevada Supreme Court · 1895
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