Hale v. George H. Hess & Co.
Nebraska Supreme Court
Error to the district court for Gage county. Tried below before Broady, J. The contract was executory. (Fletcher v. Peck, 6 Cranch [U. S.], 136.) One party to such a contract may rescind it without the consent of the other. (Bishop, Contracts [2d Ed.], sec. 837; Clark v. Marsiglia, 1 Denio [N. Y.], 317.) The latter cannot sue as on a completed contract; his remedy is in damages for what he has suffered in not being permitted to perform.
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Error to the district court for Gage county. Tried below before Broady, J. The contract was executory. (Fletcher v. Peck, 6 Cranch [U. S.], 136.) One party to such a contract may rescind it without the consent of the other. (Bishop, Contracts [2d Ed.], sec. 837; Clark v. Marsiglia, 1 Denio [N. Y.], 317.) The latter cannot sue as on a completed contract; his remedy is in damages for what he has suffered in not being permitted to perform. (Butler v. Butler, 77 N. Y., 472.) After rescission and notice, the party not in fault must not proceed further and cause needless expense. (Bishop,…
1Opinion of the Court
Cobb, Ch. J.
George H. Hess & Co. sued A. J. Hale in the district court of Gage county. They alleged in their petition that the defendant was indebted to them in the sum of $450, with interest at seven per cent per annum from January 1, 1887, due upon a certain contract attached to their petition as an exhibit; that the plaintiffs shipped the furnace, described in the contract, to the defendant; that the same was delivered in accordance with the terms of the contract, and that in all respects the plaintiffs have complied, and are ready and willing to comply, Avith the terms of said contract ;…
2Cases cited5 opinions
- W. R. Danforth & Co. v. WalkerSupreme Court of Vermont · 1864
- Derby v. JohnsonSupreme Court of Vermont · 1848
- Polsley & Son v. AndersonWest Virginia Supreme Court · 1874
- Friedlander v. Pugh, Slocomb & Co.Mississippi Supreme Court · 1870
- Ingalls v. NobleNebraska Supreme Court · 1883
3Cited by8 opinions
- Funke v. AllenNebraska Supreme Court · 1898
- Faught v. Platte Valley Public Power & Irrigation DistrictNebraska Supreme Court · 1952
- Roper v. MilbournNebraska Supreme Court · 1913
- Russell v. Horn, Brannen & Forsyth Manufacturing Co.Nebraska Supreme Court · 1894
- Diels v. KennedyNebraska Supreme Court · 1911
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