Treat v. Price
Nebraska Supreme Court
Error from the district court of Douglas county.. Tried below before Ferguson, J. See opinion for statement of the case. Defendant below was entitled to a verdict under the evidence in this case and the court should have so instructed the jury. The release executed by Price upon the last payment was a complete satisfaction of the demand.
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Error from the district court of Douglas county.. Tried below before Ferguson, J. See opinion for statement of the case. Defendant below was entitled to a verdict under the evidence in this case and the court should have so instructed the jury. The release executed by Price upon the last payment was a complete satisfaction of the demand. The rule, that payment of a smaller sum cannot be a satisfaction of a larger debt, is applicable only to cases where the larger debt is fixed and liquidated, and does not apply where the previous claim is Unliquidated and uncertain. (Cumber v. Wane, 1 Str.…
1Opinion of the Court
Irvine, C.
Treat sued Price alleging in one count that he had performed, under a contract with Price, certain grading work for a railroad and asking judgment for an unpaid balance on account thereof; and in another count alleging the conversion by Price of certain tools used in the work. The district court entered judgment for the defendant on the pleadings. The plaintiff brought the case to this court on error, and the judgment of the district court was reversed. (Price v. Treat, 29 Neb., 536.) The former report of the case contains a *878sufficient statement of the pleadings. After the cause was…
2Cases cited8 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
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