Hunter v. Sutton
Nevada Supreme Court
Appeal from Sixth Judicial District Court, Humboldt County; Mark R. Averill, Judge. Action by Harry H. Hunter, Jr., against Thomas Sutton. Judgment for plaintiff, and defendant appeals. The complaint does not state a cause of action. It cannot be ascertained therefrom whether. the suit is brought on the theory of obtaining damages for the loss of probable profits or for commissions earned by a broker, or for both.
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Appeal from Sixth Judicial District Court, Humboldt County; Mark R. Averill, Judge. Action by Harry H. Hunter, Jr., against Thomas Sutton. Judgment for plaintiff, and defendant appeals. The complaint does not state a cause of action. It cannot be ascertained therefrom whether. the suit is brought on the theory of obtaining damages for the loss of probable profits or for commissions earned by a broker, or for both. Where a case is submitted on two theories, one of which is erroneous, and it is impossible to determine on which theory the court or jury acted, the judgment must be reversed. King…
1Opinion of the Court
By the Court,
Sanders, C. J.:
This appeal is from a judgment upon the judgment roll alone, in an action brought to recover damages for the alleged breach of several agreements, evidenced in writing, and made the basis of the cause of action. The action was tried by the court without a jury. The court decided the facts to be as stated in the complaint, and directed findings of fact and conclusions of law to be prepared in accordance with its opinion filed, in so far as the opinion passes upon the facts. Upon the findings and conclusions thus prepared and approved, the court rendered judgment in…
2Cases cited7 opinions
- Learned v. CastleCalifornia Supreme Court · 1889
- People v. OttoCalifornia Supreme Court · 1888
- Paul v. CragnazNevada Supreme Court · 1900
- Spencer v. DuncanCalifornia Supreme Court · 1895
- Estep v. ArmstrongCalifornia Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- C. L. Whitelock v. Delbert LeathermanCourt of Appeals for the Tenth Circuit · 1972
- Ormachea v. OrmacheaNevada Supreme Court · 1950
- Waite v. BurgessNevada Supreme Court · 1952
- Bullion Monarch Mining, Inc. v. Barrick Goldstrike Mines, Inc.Court of Appeals for the Ninth Circuit · 2012
- Ormachea v. OrmacheaNevada Supreme Court · 1950
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