Habig & Spiler v. Layne
Nebraska Supreme Court
Error from the district court of Lancaster county. Tried below before Hall, J. Where any evidence is adduced tending to prove the allegations of the plaintiff’s petition, the cause should be submitted to the jury.
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Error from the district court of Lancaster county. Tried below before Hall, J. Where any evidence is adduced tending to prove the allegations of the plaintiff’s petition, the cause should be submitted to the jury. (Smith v. Sioux City & P. JR. Co., 15 Neb., 583.) The fact that the partnership receives the .benefit of a contract tends to prove that it is a partnership contract. ‘(Steoher v. Smith, 46 Mich., 14; 1 Lindley, Partnership, 177,189; Abbott, Trial Evidence, 216; Bates,Partnership, sec. 437; Booe v. Caldwell, 12 Ind., 12.) By the terms of the contract between Layne & Krone and the…
1Opinion of the Court
Ragan, C.
On the 10th day of September, 1887, the state of Nebraska entered into a contract with John Layne and Fred W. Krone, copartners, by which the latter agreed to furnish the material and labor and construct a building for the state on the grounds of the Nebraska institution for the feeble minded youth, near the city of Beatrice. In this contract Layne & Krone promised to pay in full all parties who should furnish any material or perform any labor for them on said building. Layne & Krone, as principals, and George Martin, M. Wes to ver, George Sherrer, A. B. Beach, and J. E. Stockwel],…
2Cases cited5 opinions
- Lyman v. City of LincolnNebraska Supreme Court · 1894
- Sample v. HaleNebraska Supreme Court · 1892
- Buchanan v. DorseyNebraska Supreme Court · 1881
- Smith v. Sioux City & Pacific RailroadNebraska Supreme Court · 1884
- Stecker v. SmithMichigan Supreme Court · 1881
3Cited by10 opinions
- Modern Woodman Accident Ass'n v. ShryockNebraska Supreme Court · 1898
- Hickman v. LayneNebraska Supreme Court · 1896
- Fitzgerald v. McClayNebraska Supreme Court · 1896
- Barritt S. King & Co. v. MurphyNebraska Supreme Court · 1896
- Perkins v. Butler CountyNebraska Supreme Court · 1895
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