Goodrich v. McClary
Nebraska Supreme Court
Ebbor to the district court of Madison county. Goodrich was defendant in the court below, and, judgment being rendered against him, brought the cause here by petition in error. The facts are fully set forth in the opinion of the court.
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Ebbor to the district court of Madison county. Goodrich was defendant in the court below, and, judgment being rendered against him, brought the cause here by petition in error. The facts are fully set forth in the opinion of the court. The court erred in overruling defendant’s motion to strike out of plaintiff’s petition in the court below, irrelevant matter, as appears from the bill of exceptions; also, in allowing evidence to go to the jury over defendant’s objection, tending to change and vary the terms of the written contract sued on in this action. The same rules of law that apply to the…
1Opinion of the Court
Lake, Ch. J.
McClary sued Goodrich in the court below to recover damages alleged to have been sustained by him in consequence of the failure and refusal of Goodrich to deliver a quantity of wool which he had sold to McClary.
A very brief and crude memorandum of the contract entered into for the delivery of the wool, is attached to the petition and is as follows:
“ Agreement made this 8th. day of April, 1872, between Orson Goodrich and J. S. McClary. That Orson Goodrich delivers his cutting of wool to J. S. McClary, by June 5th, 1872, at Norfolk, Nebraska, at 38-£ cents per pound, the…
2Cited by7 opinions
- Graham v. FrazierNebraska Supreme Court · 1896
- Younglove v. KnoxSupreme Court of Florida · 1902
- Jacobs v. MorrowNebraska Supreme Court · 1887
- Gerner v. ChurchNebraska Supreme Court · 1895
- Nindle v. State BankNebraska Supreme Court · 1882
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