Terry v. Beatrice Starch Co.
Nebraska Supreme Court
Error from the district court of Gage county. Tried below before Broady, J. See opinion for statement of the case. Defendant’s answer admits the making of the contract as-alleged by plaintiff, and admits.the violation of the contract by itself in the first instance. It then alleges as a defense that, after violating the contract itself, it put an end to the contract because plaintiff did not make payments as stipulated in the contract.
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Error from the district court of Gage county. Tried below before Broady, J. See opinion for statement of the case. Defendant’s answer admits the making of the contract as-alleged by plaintiff, and admits.the violation of the contract by itself in the first instance. It then alleges as a defense that, after violating the contract itself, it put an end to the contract because plaintiff did not make payments as stipulated in the contract. Defendant could not take advantage of its own wrong and breach of contract to prevent plaintiff having the benefit of his contract. (Jones v. Taylor, 56 Am.…
1Opinion of the CourtNorval, C. J.
On the 20th day of October, 1890, the plaintiff and defendant entered into a written contract, of which the following is a copy: *868grind not less than two hundred and fifty (250) bushels per day for each working day, excepting the months of July and August of each year. Said delivery to be made on the feed lot above described. In consideration of the premises the said party of the second part agrees to take said refuse ■corn and to pay therefor the sum of six and two-thirds (6-f) ■cents for each and every bushel of corn ground in said starch manufactory, for the time aforesaid, payments to be…
2Cases cited3 opinions
- Carstens v. McDonaldNebraska Supreme Court · 1894
- Brooks v. DutcherNebraska Supreme Court · 1888
- Delaney v. ErricksonNebraska Supreme Court · 1881
3Cited by7 opinions
- Eastland County v. DavissonTexas Commission of Appeals · 1929
- Farmers Loan & Trust Co. v. MemmingerNebraska Supreme Court · 1896
- King v. WatermanNebraska Supreme Court · 1898
- Wilch v. Western Asphalt Paving Corp.Nebraska Supreme Court · 1932
- Williams v. StateNebraska Supreme Court · 1896
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