Legal Opinion

Rice v. Gibbs

Nebraska Supreme Court

Decided November 25, 1891PublishedCited by 3 opinions

' Appeal from the district court for Buffalo county. Heard below before Hamer, J. cited, contending that mutuality was not required in unilateral contracts': Pomeroy, Spec. Perf., sec. 169, and notes; Moses v. M’Clain, 2 S. Rep. [Ala.], 742, 744; Hall v. Center, 40 Cal., 67; R. Co. v. Flanagan, 3 Am.

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' Appeal from the district court for Buffalo county. Heard below before Hamer, J. cited, contending that mutuality was not required in unilateral contracts': Pomeroy, Spec. Perf., sec. 169, and notes; Moses v. M’Clain, 2 S. Rep. [Ala.], 742, 744; Hall v. Center, 40 Cal., 67; R. Co. v. Flanagan, 3 Am. St. Rep. [Ind.], 675; Crawford v. Payne, 19 la., 172. All contracts, save those for personal or professional services, are assignable: Wagner v. Cheney, 16 Neb., 202; 2 Story, Eq. Jur., sec. 1040; Pierce v. Robinson, 13 Cal., 117; Pomeroy, Spec. Perf., sec. 487. cited cases referred to in opinion.

1Opinion of the Court

Cobb, Ch. J.

This action was brought April 27, 1888, to enforce the specific performance of the following contract:

“Articles of agreement made this eighteenth day of July, 1887,. by and between Miss E. C. Gibbs, of Buffalo county, Nebraska, of the first part, and F.A. Archibald, of Hamilton county, Ohio, of the second part, witnesseth, that the said party of the first party, in consideration of the sum of $5.00 (five) in hand paid, the receipt whereof is hereby acknowledged, hereby covenants and agrees to sell and convey to the party of the second part at any time within five months, oh being…

2Cases cited8 opinions

  1. Maughlin v. PerryCourt of Appeals of Maryland · 1872
  2. Perkins v. HadsellIllinois Supreme Court · 1869
  3. Blake v. BlakeSupreme Court of Iowa · 1858
  4. Corbus v. TeedIllinois Supreme Court · 1873
  5. Wagner v. CheneyNebraska Supreme Court · 1884

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3Cited by3 opinions

  1. Montgomery v. De PicotCalifornia Supreme Court · 1908
  2. American Smelting & Refining Co. v. Bunker Hill & Sullivan Mining & Concentrating Co.District Court, D. Oregon · 1918
  3. Rice v. GibbsNebraska Supreme Court · 1894

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