Irvine v. Hawkins
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Washoe County. R. R. Btgelow, District Judge. The facts are stated in the opinion. I. It is not necessary for a plaintiff in ejectment to show both a legal and equitable right to possession before a recovery can be had. II. A tender sufficient to discharge a contract must be so complete and perfect as to vest the absolute property in the person to whom it is tendered.
Read the full summary
Appeal from the District Court of the State of Nevada, Washoe County. R. R. Btgelow, District Judge. The facts are stated in the opinion. I. It is not necessary for a plaintiff in ejectment to show both a legal and equitable right to possession before a recovery can be had. II. A tender sufficient to discharge a contract must be so complete and perfect as to vest the absolute property in the person to whom it is tendered. (Schrader v. Wolflin, 21 Ind. 238.) Tender must be always of a definite character. (Eastland v. Longshorn, 1 Nott & McC. 194; Pulsifer v. Shepa/rd, 36 111. 513.) There was a…
1Opinion of the Court
By the Court,
Belknap, J.:
A. J. Clark was the owner of the premises described in the complaint. TJpon the twentieth day of May, 1879, he bargained them to defendant Ellen Hawkins for two hundred dollars, payable, one hundred dollars down, and the remaining one hundred dollars on or before the expiration of six months thereafter. He delivered his bond for a deed subject to these conditions to Mrs. Hawkins. Thereafter Mrs. Hawkins entered into possession of the premises, and becoming indebted to defendant Rhue, conveyed her interest therein to him by deed absolute upon its face, but intended as…
2Cases cited3 opinions
- Gray v. DoughertyCalifornia Supreme Court · 1864
- Schroeder v. GemeinderNevada Supreme Court · 1875
- Freeson v. . BissellNew York Court of Appeals · 1875
3Cited by5 opinions
- Thompson v. Lincoln National Life InsuranceMontana Supreme Court · 1943
- Studebaker Bros. Co. of Utahv. WitcherNevada Supreme Court · 1921
- State v. ButnerNevada Supreme Court · 1950
- Ebert v. Western States Refining Co.Nevada Supreme Court · 1959
- Moody v. RileyNevada Supreme Court · 1948