Hayden v. Frederickson
Nebraska Supreme Court
Error from tbe district court of Douglas county. Tried below, before Dickinson, J. Tbe facts and issues are stated in tbe opinion. Before plaintiff can recover tbe purchase price be must show that be delivered tbe patterns. See Atwood v. Lucas, 53 Me., 508; Messer v. Woodman, 22 N. H., 172; Newmarket Iron Foundry v. Harvey, 23 N. H., 395. Tbe statement in tbe contract that tbe goods were sold and delivered was properly contradicted by evidence.
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Error from tbe district court of Douglas county. Tried below, before Dickinson, J. Tbe facts and issues are stated in tbe opinion. Before plaintiff can recover tbe purchase price be must show that be delivered tbe patterns. See Atwood v. Lucas, 53 Me., 508; Messer v. Woodman, 22 N. H., 172; Newmarket Iron Foundry v. Harvey, 23 N. H., 395. Tbe statement in tbe contract that tbe goods were sold and delivered was properly contradicted by evidence. See Lingham v. Eggleston, 27 Mich., 324; Elgee Cotton Cases, 22 Wall. [U. S.], 180; Blaclcwood v. Cutting Pdcldng Co., 76 Cal., 212; Anderson v. Read,…
1Opinion of the CourtNorval, J.
This case was before us and decided at á prior term. See Hayden v. Frederickson, 55 Nebr., 156. Subsequently a trial was again had in the district court, which terminated in a verdict in favor of plaintiff, and from the judgment entered thereon the defendants have prosecuted' error.
*144The action was to recover the purchase price of certain patterns alleged to have been sold and delivered by plaintiff: to defendants in imrsuance of a written contract made by the parties, a copy of which is contained in the former opinion, to which reference is made. On September 16, 1893, Nicholas Frederickson…
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