Eager v. Mathewson
Nevada Supreme Court
Appeal from the District Court of the Fourth Judicial District of tbe State of Nevada, White Pine County; Geo. F. Talbot, Judge. Action by N. Eager against C. A. Mathewson. From a judgment in favor of plaintiff, defendant appeals. The facts sufficiently appear in the opinion. I. There is not a case in the books where a defaulting vendee has been permitted to recover forfeit money from a vendor who is not in default, except by consent of the latter.
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Appeal from the District Court of the Fourth Judicial District of tbe State of Nevada, White Pine County; Geo. F. Talbot, Judge. Action by N. Eager against C. A. Mathewson. From a judgment in favor of plaintiff, defendant appeals. The facts sufficiently appear in the opinion. I. There is not a case in the books where a defaulting vendee has been permitted to recover forfeit money from a vendor who is not in default, except by consent of the latter. If Mathewson was within the letter of his contract, when he tendered the cattle to Eager on June 2, 1898, Eager comm-ited a breach of the contract…
1Opinion of the Court
The facts sufficiently appear in the opinion. The litigation in this case grew out of a partly printed and partly written contract for the purchase of cattle. The following is a copy, the written portions being shown herein by italics:
"Stockville, Nev., May 15th 1898.
"Received from N. Eager the sum of Six Hundred Dollars, the receipt of which is hereby acknowledged as part payment and forfeit money on about three hundredhead of good, average, smooth, full age, thrifty cattle, consisting of about the number of each class as given below, and at the prices there given:
About 50 head of…
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