Reno Mill & Lumber Co. v. Westerfield
Nevada Supreme Court
Appeal from the Second Judicial District Court, Washoe County; B. F. Curler and G. F. Talbot, Judges. Action by the Reno Mill and Lumber Company against W. J. Westerfield. Judgment was rendered in favor of plaintiff, and from an order granting a new trial, the plaintiff appeals. The facts sufficiently appear in the opinion.
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Appeal from the Second Judicial District Court, Washoe County; B. F. Curler and G. F. Talbot, Judges. Action by the Reno Mill and Lumber Company against W. J. Westerfield. Judgment was rendered in favor of plaintiff, and from an order granting a new trial, the plaintiff appeals. The facts sufficiently appear in the opinion. I. According to Westerfield’s contention, his liability is to Holesworth and his promise to the plaintiff was not a promise to pay Holesworth’s indebtedness, but a promise to pay to the plaintiff his own indebtedness to Holesworth. Such a promise is not within the statute…
1Opinion of the Court
The facts sufficiently appear in the opinion. This action was brought to recover the value of building material furnished defendant and used in the construction of his house, and for which he promised to pay its reasonable value. The answer denied that the material was furnished defendant, or that he promised to pay therefor, and alleged that it was sold to one Holesworth. Judgment was rendered for $1,114.04. The district court granted a new trial upon the ground of error in the refusal of the district judge to testify. The appeal is taken from this order.
During the progress of the trial and…
2Cases cited5 opinions
- Mattox v. United StatesSupreme Court of the United States · 1895
- Conrad v. GriffeySupreme Court of the United States · 1854
- Ryan v. PeopleSupreme Court of Colorado · 1895
- Greer v. HigginsSupreme Court of Kansas · 1878
- Treat v. LiddellCalifornia Supreme Court · 1858
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- Robinson v. Goldfield Merger Mines Co.Nevada Supreme Court · 1923
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