A. H. Andrews & Co. v. School District
Nebraska Supreme Court
Error from the district court of Red Willow county. Tried below before Welty, J. The action could be sustained as an action on the original contract, under the allegation that warrants were issued and payment refused when duly presented. The action could also be sustained on the contract, because the agreement provided for payment in cash or legally issued warrants. (Paddoolc v. Symonds, 11 Barb. [N. Y.], 117; Goldschmidt v. City of New Orleans, 5 La.
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Error from the district court of Red Willow county. Tried below before Welty, J. The action could be sustained as an action on the original contract, under the allegation that warrants were issued and payment refused when duly presented. The action could also be sustained on the contract, because the agreement provided for payment in cash or legally issued warrants. (Paddoolc v. Symonds, 11 Barb. [N. Y.], 117; Goldschmidt v. City of New Orleans, 5 La. Ann., 436; Dyer v. Township of Covington, 19 Pa. St., 200; Allison v. Juniata County, 50 Pa. St., 351; Varner v. Nobleborough, 2 Me., 121;…
1Opinion of the CourtHarrison, J.
The plaintiff filed a petition in the district court of Red Willow county, in an action commenced by it against defendant, which petition was, in the main portions, as follows:
“1. That the defendant, the school district of the city of McCook, in the county of Red Willow, in the state of Nebraska, is a body corporate, duly organized under the laws of the state of Nebraska, and possesses all the usual powers of a corporation organized for public purposes.
“2. Plaintiff further states that on the 13th day of March, 1888, a petition was presented to defendant corporation, signed by the resident…
2Cases cited5 opinions
- Gillett v. Comm'rs of Lyon CountySupreme Court of Kansas · 1877
- School District No. Two v. StoughNebraska Supreme Court · 1876
- State ex rel. First National Bank v. CookNebraska Supreme Court · 1895
- State ex rel. Pomerene & Cooper v. SabinNebraska Supreme Court · 1894
- Sanborn & Follett v. HaleNebraska Supreme Court · 1882
3Cited by3 opinions
- Markey v. School District No. 18Nebraska Supreme Court · 1899
- Gaddis v. School DistrictNebraska Supreme Court · 1912
- Pomerene v. School District No. 56Nebraska Supreme Court · 1898