Legal Opinion

Erskine v. Swanson

Nebraska Supreme Court

Decided September 17, 1895No. 6398PublishedCited by 8 opinions

Error from the district court of Antelope county. Tried below before Kinkaid, J. cited: 1 Thompson, Trials, sees. 1198, 1205, 1207; Halliday v. Briggs, 15 Neb., 221; Newmark, Sales, secs. 318, 320; 'Wallace v. Wren, 32 Ill., 148; Chandler v. Lopus, 4 Croke [Eng.], 4. cited : Little v. Woodworth, 8 Neb., 284; Patrick v. Leach, 8 Neb., 536.

1Opinion of the Court

Ragan, C.

N. N. Erskine sued Knute Swanson and others in the district court of Antelope county on a promissory note. The note was given Erskine by Swanson and others in part payment of a stallion purchased by the latter of Erskine. The Swansons pleaded as defenses to the action that at the time of the purchase of the stallion and the execution of the note Erskine represented to them that the stallion was free from all defects except a small bunch on one hind foot, which Erskine stated was caused from the foot having been stepped upon,and “that the bunch was not a permanent one,” and that he,…

2Cases cited4 opinions

  1. Patrick v. LeachNebraska Supreme Court · 1879
  2. Little v. WoodworthNebraska Supreme Court · 1879
  3. Converse v. KetchumWisconsin Supreme Court · 1864
  4. Halliday v. BriggsNebraska Supreme Court · 1883

3Cited by8 opinions

  1. Wilke v. Woodhouse Ford, Inc.Nebraska Supreme Court · 2009
  2. Herman v. Bonanza Buildings, Inc.Nebraska Supreme Court · 1986
  3. Woolsey v. ZieglarSupreme Court of Oklahoma · 1912
  4. Frey v. FailesSupreme Court of Oklahoma · 1913
  5. Ellis v. RiddickCourt of Appeals of Texas · 1904

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