Eaton v. Redick
Nebraska Supreme Court
This was an. action brought in the District Court for Douglas County, by Emerson PI. Eaton and Sarah M., his wife, to recover from the defendant, Redick, a sum of money paid by the plaintiff, Sarah M., to the defendant, on account of a contract for the sale of a lot in Omaha, which, by reason of their failure in their payments as agreed, Redick had rescinded. The plaintiff had judgment, to reverse which the defendant brought this petition in error.
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This was an. action brought in the District Court for Douglas County, by Emerson PI. Eaton and Sarah M., his wife, to recover from the defendant, Redick, a sum of money paid by the plaintiff, Sarah M., to the defendant, on account of a contract for the sale of a lot in Omaha, which, by reason of their failure in their payments as agreed, Redick had rescinded. The plaintiff had judgment, to reverse which the defendant brought this petition in error. Has Eaton a right of action against Redick ? If he has, it is because he violated his agreement. He first broke the contract by not paying the…
1Opinion of the Court
Mason, Ch. J.
The errors assigned in this cause are, that upon the evidence and pleadings in the case the court erred in rendering judgment for the defendant in error; that the judgment is contrary to law; that the judgment should have been for the plaintiff, and that the court erred in overruling the plaintiff’s motion for a new trial. The facts of the case are as follows : On the 19th of April, 1865, John I. Redick sold a lot situated in Omaha city, to Sarah Eaton, wife of Emerson H. Eaton, for the consideration of sixteen hundred and fifty dollars. Eaton paid on said purchase four hundred…
2Cases cited3 opinions
- Raymond v. BearnardNew York Supreme Court · 1815
- Green v. GreenNew York Supreme Court · 1828
- Harris v. BradleyIndiana Supreme Court · 1857
3Cited by8 opinions
- Seaver v. HallNebraska Supreme Court · 1897
- Beck v. StaatsNebraska Supreme Court · 1908
- Patterson v. MurphyNebraska Supreme Court · 1894
- Adler v. KohnNebraska Supreme Court · 1914
- Durland Trust Co. v. AugustynNebraska Supreme Court · 1923
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