Trauerman v. Nebraska Land & Feeding Co.

The facts in this case have been fully stated in the preceding opinions, Nebraska Land & Feeding Co. v. Trauerman, 70 Neb. 795, and Trauerman v. Nebraska Land & Feeding Co., 77 Neb. 403. When the case was last before the court a judgment had been rendered in favor of the defendant. The defendant then insisted that the principle governing the disposition of the case was that announced in Walter Bros. v. Reed & Gerard, 34 Neb. 544, and Lexington Mill & Elevator Co. v. Neuens, 42 Neb. 649. It was pointed out in the opinion that in those cases the purchaser had absolutely refused to proceed…