Legal Opinion

Gayer v. H. W. Parker & Son

Nebraska Supreme Court

Decided July 15, 1888PublishedCited by 14 opinions

Error to, the district court for Gage county. Tried. below before Broady, J. cited: Stowell v. Chamberlain, 60 N. Y., 272. Miller v. Manioe, 6 Hill, 126. Smith v. Balcer, 5 Moak’s Eng. Bep., 323. Doty v. Brotan, 4 N. Y., 75. cited: Bigelow v. Winsor, 1 Gray, 299. Wells Bes Adjudicata, Sec. 289.

1Opinion of the CourtMaxwell, J.

In the year 1883, one A. N. Wiswell procured from the ■defendants 12,000 feet of fencing lumber 'and other material, all being of the value of $260. The testimony ¡shows that Wiswell desired the lumber for a temporary purpose, and had an option either to purchase it at a price .stated, or return the material to the defendants and pay them $2 per thousand for the use of the lumber. There .seems to have been some conversation between Wiswell *644and the plaintiff in error in regard to purchasing the lumber, but just what the conversation or the proposed arrangement was is not clear. The. lumber and…

2Cases cited4 opinions

  1. Stowell v. . ChamberlainNew York Court of Appeals · 1875
  2. Taylor v. CastleCalifornia Supreme Court · 1871
  3. Cannon v. BrameSupreme Court of Alabama · 1871
  4. Percy v. FooteSupreme Court of Connecticut · 1869

3Cited by14 opinions

  1. Quigley v. McEvonyNebraska Supreme Court · 1894
  2. Vantage Enterprises, Inc. v. CaldwellNebraska Supreme Court · 1976
  3. Stone v. United StatesCourt of Appeals for the Ninth Circuit · 1894
  4. Boomer v. OlsenNebraska Supreme Court · 1943
  5. Blair v. Rorer's AdministratorSupreme Court of Virginia · 1923

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