Legal Opinion

McKnight v. Thompson

Nebraska Supreme Court

Decided March 21, 1894No. 4998PublishedCited by 10 opinions

Error from the district court of Hitchcock county. Tried below before Cochran, J. insisting that the petition states a cause of action, cited: Phillips v. Jones, 12 Neb., 213; Tallón v. Ellison, 3 Neb., 74; Faulkner v. Klamp, 16 Neb., 178; School District v. Randall, 5 Neb., 411.

1Opinion of the CourtNorval, C. J.

Aaron McKnight traded to Samuel Thompson and John Cnits a stallion, and took in exchange therefor three lots in *753the city of Topeka, Kansas. ' McKnight brought this action in the lower court for a rescission of the contract, or, if rescission cannot be had, for damages on account of alleged fraudulent representations of the defendants in the trade of the lots. The district court sustained a general demurrer to the petition and dismissed the action; to reverse which ruling plaintiff brings the case here on error.

The petition charges, among other things, in substance, that on the 25th day of…

2Cases cited5 opinions

  1. Simar v. . CanadayNew York Court of Appeals · 1873
  2. Chrysler v. . CanadayNew York Court of Appeals · 1882
  3. Witherwax v. RiddleIllinois Supreme Court · 1887
  4. Harris v. McMurrayIndiana Supreme Court · 1864
  5. King v. Sioux City Loan & Investment Co.Supreme Court of Iowa · 1888

3Cited by10 opinions

  1. Hetland v. BilstadSupreme Court of Iowa · 1908
  2. Stonemets v. HeadSupreme Court of Missouri · 1913
  3. Dresher v. BeckerNebraska Supreme Court · 1911
  4. McKibbin v. DayNebraska Supreme Court · 1904
  5. Musgrove v. EskilsenNebraska Supreme Court · 1934

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