Henningsen v. Tonopah & Goldfield Railroad
Nevada Supreme Court
Appeal from the District Court of the Fifth Judicial District of the State of Nevada, Nye County; J. P. O’Brien, Judge. Action by R. M. Henningsen against the Tonopah and Goldfield Railroad Company. From a judgment for plaintiff, defendant appeals. On petition for rehearing.
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Appeal from the District Court of the Fifth Judicial District of the State of Nevada, Nye County; J. P. O’Brien, Judge. Action by R. M. Henningsen against the Tonopah and Goldfield Railroad Company. From a judgment for plaintiff, defendant appeals. On petition for rehearing. Statement of Facts This action was brought to recover damages for failure to deliver all the ties designated in the following contract: "This agreement, made and entered into at Tonopah, Nevada, this 28th day of November, 1905, by and between the Tonopah and Goldfield Railroad Company, a Nevada corporation, party of the…
1Opinion of the Court
By the Court,
Tálbot, J.
(after stating the facts as above):
' In elaborate and carefully prepared briefs some propositions have been argued which are not deemed strictly applicable to this case. We will consider more particularly the contentions of appellant that the agreement of November 28, 1905, was not' authorized by or binding upon the railroad company; that the evidence is insufficient to sustain the verdict, because it is asserted that Henningsen owed the railroad company, and consequently had forfeited the contract at the time the company sought to cancel it; that the damages were…
2Cases cited47 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Gold-Mining Co. v. National BankSupreme Court of the United States · 1878
- Olcott v. . Tioga Railroad CompanyNew York Court of Appeals · 1863
- Cahen v. . PlattNew York Court of Appeals · 1877
- Frenkel v. HudsonSupreme Court of Alabama · 1886
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3Cited by2 opinions
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