Legal Opinion

Simmons v. Yurann

Nebraska Supreme Court

Decided July 15, 1881PublishedCited by 3 opinions

Error to the district court for Hamilton county. Heard before Post, J., on demurrer to petition. Demurrer overruled and defendant Simmons electing to stand thereon, judgment -was rendered against him, to review which he brought the cause up on a petition in error. Contract is void, and the court will not lend its aid to its- enforcement by decreeing specific performance or otherwise. Nor can value of labor under said illegal contract be recovered.

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Error to the district court for Hamilton county. Heard before Post, J., on demurrer to petition. Demurrer overruled and defendant Simmons electing to stand thereon, judgment -was rendered against him, to review which he brought the cause up on a petition in error. Contract is void, and the court will not lend its aid to its- enforcement by decreeing specific performance or otherwise. Nor can value of labor under said illegal contract be recovered. Clark v. O. S. W. R. Ii., 5 Neb., 314. . 1 Story on Con., § 769. Sellers v. Dugan, 18 Ohio, 489. Moore v. Adams et al, 8 Ohio, 373. Williams et al.…

1Opinion of the Court

By the court.

This is an action upon a written contract to recover for the breaking of forty acres of prairie. The following is a copy of the contract:

“Article of agreement entered into this 3d day of May, 1874, between E. E. Simmons and John Yurann, witnesseth: That E. F. Simmons hath sold and doth agree to convey in fee simple unto said John Yurann, by a good and sufficient deed of general warranty, when the said E. F. Simmons receives the same from the U. S. Land Office, the following premises situated in the county of Hamilton and State of Nebraska, the following real estate, to^wit: The…

2Cited by3 opinions

  1. Bateman v. RobinsonNebraska Supreme Court · 1882
  2. Sweesey v. SparlingSupreme Court of Iowa · 1890
  3. Carkins v. AndersonNebraska Supreme Court · 1887

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