Gutta Percha & Rubber Manufacturing Co. v. Village of Ogalalla
Nebraska Supreme Court
Error from the district court of Keith county. Tried below before Church, J. See opinion for statement of the case. Defendant in error cannot repudiate its contract after receiving the benefits thereof, and the court erred in refusing to admit testimony to prove that the city received the benefit of the property purchased. (Clark v. Dayton, 6 Neb.,. 193; Follmer v. Nuckolls County, 6 Neb., 213; Grand Island Gas Co. v. West, 28 Neb., 852; Ward v. Town of Forest Grove, 25 Pac.
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Error from the district court of Keith county. Tried below before Church, J. See opinion for statement of the case. Defendant in error cannot repudiate its contract after receiving the benefits thereof, and the court erred in refusing to admit testimony to prove that the city received the benefit of the property purchased. (Clark v. Dayton, 6 Neb.,. 193; Follmer v. Nuckolls County, 6 Neb., 213; Grand Island Gas Co. v. West, 28 Neb., 852; Ward v. Town of Forest Grove, 25 Pac. Rep. [Ore.], 1020; San Francisco Gas Co. v. City of San Francisco, 9 Cal., 469; Fister v. La Bue, 15 Barb. [N. Y.],…
1Opinion of the CourtPost, J.
This was an action by the plaintiff in error against the defendant in error in the district court of Keith county to recover the price of certain hose, hose carts, reels, ladders, and other apparatus of like character in common use by town and village fire companies. It is alleged that said property was sold and delivered to the defendant, at its request,on the 29th day of April, 1887, for the agreed price of $569, and for which amount judgment was demanded. An answer was interposed, in which it was alleged, in substance, that although the board of trustees of the defendant village entered…
2Cases cited10 opinions
- McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
- Law v. People ex rel. HuckIllinois Supreme Court · 1877
- McCracken v. City of San FranciscoCalifornia Supreme Court · 1860
- French v. City of BurlingtonSupreme Court of Iowa · 1876
- McBrian v. City of Grand RapidsMichigan Supreme Court · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Cedar Rapids Water Co. v. City of Cedar RapidsSupreme Court of Iowa · 1902
- Twohy Bros. v. Ochoco Irrigation DistrictOregon Supreme Court · 1922
- Lincoln Land Co. v. Village of GrantNebraska Supreme Court · 1898
- Roberts v. City of FargoNorth Dakota Supreme Court · 1901
- City Affairs Committee v. Board of CommissionersSupreme Court of New Jersey · 1946
21 more not listed; retrieve them via the Exa API.