Hamilton v. Thrall
Nebraska Supreme Court
Error to the district court for Douglas county. The action was brought there by Thrall against Hamilton and others to recover the sum of fifteen hundred dollars damages, on account of the alleged failure of said last named parties to comply with the terms of a certain contract entered into by said Thrall with one Horbach, trustee for Hamilton and others, the material portions of which are set forth in the opinion.
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Error to the district court for Douglas county. The action was brought there by Thrall against Hamilton and others to recover the sum of fifteen hundred dollars damages, on account of the alleged failure of said last named parties to comply with the terms of a certain contract entered into by said Thrall with one Horbach, trustee for Hamilton and others, the material portions of which are set forth in the opinion. Thrall had paid his monthly rent of $500 for eleven months .’until the twelfth month, which he refused to pay, and brought this suit claiming that instead of the property mentioned…
1Opinion of the Court
Gantt, Ch. J.
The question upon which this case depends, and upon which it must be decided, is the construction to be given to the written contract between John A. Horbach, trustee for the plaintiffs in error, and George Thrall, defendant in error.
In this contract Horbach, trustee, party of the first part, “ agrees to furnish and rent for use, in the hotel known as the Grand Central Hotel in Omaha, carpets and furniture, including office safe, to cost by invoice with freight added at least twenty-five thousand dollars, to be in said hotel and ready for use in time to enable (George Thrall) the…
2Cases cited2 opinions
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Warner v. MowerSupreme Court of Vermont · 1839
3Cited by14 opinions
- Behrens v. StateNebraska Supreme Court · 1941
- Pueblo & Arkansas Valley Railroad v. TaylorSupreme Court of Colorado · 1881
- Clarke v. KelseyNebraska Supreme Court · 1894
- Henry v. HandOregon Supreme Court · 1899
- Reichert v. MulderNebraska Supreme Court · 1931
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