Moline, Milburn & Stoddard Co. v. Pereau
Nebraska Supreme Court
Error from the district court of Buffalo county. Tried below before Holcomb, J, References: 1 Parsons,Contracts [5th ed.],539; Prairie Farmer Oo. v. Tailor, 69 111., Ml; Butler v. School District, 24 Atl. Rep. [Pa.], 308; Stulls v. Loyal-Eanna Goal & Golee Go., 18 Atl. Rep. [Pa.], 875; Johnson v. MacLain, 43 Am. Dec. [N. Y.], 103; 21 Am. & Eng. Ency. Law, 517; Washington v. Jolvnson, 7 Humph. [Tenn.], 468; Reed v. Randall, 29 N. Y., 363; Gaylords Mfg.
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Error from the district court of Buffalo county. Tried below before Holcomb, J, References: 1 Parsons,Contracts [5th ed.],539; Prairie Farmer Oo. v. Tailor, 69 111., Ml; Butler v. School District, 24 Atl. Rep. [Pa.], 308; Stulls v. Loyal-Eanna Goal & Golee Go., 18 Atl. Rep. [Pa.], 875; Johnson v. MacLain, 43 Am. Dec. [N. Y.], 103; 21 Am. & Eng. Ency. Law, 517; Washington v. Jolvnson, 7 Humph. [Tenn.], 468; Reed v. Randall, 29 N. Y., 363; Gaylords Mfg. Go. v. Allen, 53 N. Y., 515; Dewey v. Erie Borough, 53 Am. Dec. [Pa. St.], 533; Barton v. Kane, 18 Wis., 275; Bootliby v. Scales, 27 Wis., 637;…
1Opinion of the Court
Ragan, C.
In' the district court of Buffalo county, Moline, Mil-burn & Stoddard Company sued Lawrence Pereau to recover the purchase price of a hay ricker which the company alleged it had sold and delivered to him at an agreed price. Pereau answered that he purchased the ricken on trial with the agreement that if after giving it a fair trial it should do satisfactory work then he should pay $80 for it; that he gave the ricker a fair trial and it did not do satisfactory work. The jury found a verdict in *579favor of Pereau, whereupon the district court dismissed the company’s action and it…
2Cases cited2 opinions
- Boothby v. ScalesWisconsin Supreme Court · 1871
- McCormick Harvesting Machine Co. v. MartinNebraska Supreme Court · 1891
3Cited by3 opinions
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- J. C. Boss Engineering Co. v. Gunderson Brick & Tile Co.Supreme Court of Minnesota · 1926