J. B. Alfree Manufacturing Co. v. Grape
Nebraska Supreme Court
Error from the district court of Dixon county. Tried below before Evans, J. argued that the exceptions by the plaintiff in error to the instructions given by the court at the request of the defendant in error were so indefinite that they conld not be considered by this court. The exception of the defendant below to plaintiff’s instructions was as follows: “Instructions requested by the plaintiff and given by the judge, to all of which the defendant duly excepts.”
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Error from the district court of Dixon county. Tried below before Evans, J. argued that the exceptions by the plaintiff in error to the instructions given by the court at the request of the defendant in error were so indefinite that they conld not be considered by this court. The exception of the defendant below to plaintiff’s instructions was as follows: “Instructions requested by the plaintiff and given by the judge, to all of which the defendant duly excepts.” See transcript, 16. This exception was made at the commencement of the instructions, as shown by the transcript. It had long been a…
1Opinion of the CourtHolcomb, J.
In the district court the plaintiff, defendant in error’, in his petition alleged substantially that on August 3, 1891, he was desirous of erecting a cereal mill, and entered into a contract in writing with the defendant, plaintiff in error, whereby defendant agreed to furnish, set up and put into successful operation in plaintiff’s 'mill-building the machinery necessary to the successful operation of the said cereal mill, all machinery and material to be first-class, etc., for the sum of $4,500, payable one-half on shipment of machinery, and the balance after six days’ successful operation,…
2Cited by15 opinions
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- Sherrill v. CoadNebraska Supreme Court · 1912
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