Carter v. Miller

This was an action by Carter and Noyes, copartners, against Rome Miller, to recover damages for failure to perform the covenants and agreements of a lease alleged to have been made by him and covering a certain lot in Omaha, Nebraska. By proper pleading the substantial allegations of plaintiffs’ petition were traversed, and the making of the engagements therein alleged were denied. A trial resulted in verdict and judgment for plaintiffs. From the order overruling his motion for a new trial, defendant appeals.

It seems conceded by the parties that no formal written lease was ever delivered by…