White Pine County Bank v. Sadler
Nevada Supreme Court
Appeal from the District Court of the Sixth. Judicial District, Eureka County. The facts are stated in the opinion. I. There is no contract, express or implied, between plaintiff ¿and defendant; neither is there any privity of contract. The general rule of law is, that there must be a privity of contract between plaintiff and defendant in order to render the defendant liable in an action by the plaintiff on the contract.
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Appeal from the District Court of the Sixth. Judicial District, Eureka County. The facts are stated in the opinion. I. There is no contract, express or implied, between plaintiff ¿and defendant; neither is there any privity of contract. The general rule of law is, that there must be a privity of contract between plaintiff and defendant in order to render the defendant liable in an action by the plaintiff on the contract. The facts charged in the complaint do not bring plaintiff within any of the stated- exceptions to this rule. (Chit, on PL 4, et seq., note n. n.; 1 Whar. on Con. 506, 784;…
1Opinion of the Court
By the Court,
Hawley, J.:
The appeal in this case, there being no assignment of errors specified in the statement on motion for new trial, presents but one question for our consideration, viz., Does -the amended complaint state facts sufficient to constitute a cause of action? The action is for money had and received. There are two counts in the complaint. The first alleges, in substance, that one W. T. Leyshon was indebted to plaintiff in the sum of $2,500; that said Leyshon obtained a judgment against the Albion Con. M. Co. for $2,600; that Leyshon was indebted to defendant Sadler and others;…
2Cases cited9 opinions
- Eagle Bank of New-Haven v. SmithSupreme Court of Connecticut · 1823
- Grannis v. HookerWisconsin Supreme Court · 1871
- Barker v. ParkerMassachusetts Supreme Judicial Court · 1822
- Wells v. American Express Co.Wisconsin Supreme Court · 1880
- Tutt v. IdeU.S. Circuit Court for New York · 1855
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3Cited by2 opinions
- Mellott v. DowningOregon Supreme Court · 1901
- Leete v. Pacific Mill & Mining Co.U.S. Circuit Court for the District of Nevada · 1898