Legal Opinion
Ward v. Spelts & Klosterman
Nebraska Supreme Court
Decided March 21, 1894No. 5306PublishedCited by 8 opinions
Error from the district court of Seward county. Tried below before Bates, J. contending that the contract lacks mutuality, cited: Bishop, Contracts, secs. 77, 78, 153; Mason v. Decker, 72 N. Y., 595. in support of the contract, cited: Homan v. Steele, 18 Neb., 652; Biglow, Estoppel, p. 684, and cases cited; Justice v. Lang, 42 N. Y., 493; Weight-man v. Caldwell, 4 Wheat. [U. S.], 84; Ives v. Hazard, 4 R. I., 27.
1Opinion of the Court
Ragan, C.
Spelts & Klosterman sued Mike Ward in the district of Seward county for damages for his failure to deliver to them three thousand bushels of corn, in pursuance of a contract in words and figures as follows:
“In consideration of $50 this day to me in hand paid by Spelts & Klosterman, and interest thereon at ten per *811cent per annum until fulfillment of this contract, I hereby sell and convey unto the said Spelts & Klosterman 3,000 bushels of good, sound, dry, shelled corn at 23J cents a bushel, the same being now on a certain quarter section of land, and agree to deliver the same in good…
2Cases cited3 opinions
- Justice v. . LangNew York Court of Appeals · 1870
- Cole Brothers v. WilliamsNebraska Supreme Court · 1882
- State Ins. v. JordanNebraska Supreme Court · 1890
3Cited by8 opinions
- Cullinane v. Beverly Enters.-Neb., Inc.Nebraska Supreme Court · 2018
- Cullinane v. Beverly Enters. - Neb.Nebraska Supreme Court · 2018
- Osborne v. Missouri Pacific Railway Co.Nebraska Supreme Court · 1904
- Merritt v. Adams County Land & Investment Co.North Dakota Supreme Court · 1915
- Nanfito v. TEKSEED HYBRID COMPANYDistrict Court, D. Nebraska · 1972
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