Lyman v. City of Lincoln
Nebraska Supreme Court
Error from the district court of Lancaster county. Tried below before Field, J. The facts are stated in the opinion. The petition states a cause of action against McMurtry and McBride. (Sample v. Hale, 34 Neb., 220; Sepp v. Mc-Cann, 50 N. W. Rep. [Minn.], 246.) The evidence shows a strict compliance with the contract on the part of Layne & Sweet, except when the city waived performance.
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Error from the district court of Lancaster county. Tried below before Field, J. The facts are stated in the opinion. The petition states a cause of action against McMurtry and McBride. (Sample v. Hale, 34 Neb., 220; Sepp v. Mc-Cann, 50 N. W. Rep. [Minn.], 246.) The evidence shows a strict compliance with the contract on the part of Layne & Sweet, except when the city waived performance. The finding of the court that the city rightfully terminated the contract is contrary to law. (Mercer v. Harris, 4 Neb., 82; Fitzgerald v. Allen, 128 Mass., 232; Adams v. Hill, 16 Me., 215; Boettlerv. Tendick,…
1Opinion of the Court
Ragan, C.
Charles W. Lyman brought suit in the district court of Lancaster county against the city of Lincoln, Layne & Sweet, copartners, Joseph C. McBride, and J. H. McMurtry, and in his petition alleged : That on June 5, 1889, the city of Lincoln entered into a contract with Layne & • Sweet, by the terms of which they agreed to furnish material and labor and construct for said city two buildings for the use of its fire department. The buildings were to be accord- . ing to certain plans and specifications, made part of the contract; to be completed, one July 15 and the other August 1, 1889;…
2Cases cited7 opinions
- Fitzgerald v. AllenMassachusetts Supreme Judicial Court · 1880
- Sample v. HaleNebraska Supreme Court · 1892
- Shamp v. MeyerNebraska Supreme Court · 1886
- Driver v. FordIllinois Supreme Court · 1878
- Cooper v. FossNebraska Supreme Court · 1884
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3Cited by56 opinions
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- Trinity Portland Cement Co. v. Lion Bonding & Surety Co.Texas Commission of Appeals · 1921
- Devers v. HowardSupreme Court of Missouri · 1898
- Town of Gastonia v. McEntee-Peterson Engineering Co.Supreme Court of North Carolina · 1902
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