Esterly Harvesting Machine Co. v. Frolkey
Nebraska Supreme Court
Error to the district court for Lincoln county. Tried below before Church, J. cited: Story on Agency, secs. 123 and 264; 1 Am. & Eng. Ency. of Law, 401; Miller v. Niehols, 5 Neb., 482; Nichols v. Hail, 4 Id., 210; Edgerly v. Gardner, 9 Id., 137; Birdsall v. Carter, 5 Id., 517; Clark v. Leering, 29 Id., 293. cited: Kansas Mfg.
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Error to the district court for Lincoln county. Tried below before Church, J. cited: Story on Agency, secs. 123 and 264; 1 Am. & Eng. Ency. of Law, 401; Miller v. Niehols, 5 Neb., 482; Nichols v. Hail, 4 Id., 210; Edgerly v. Gardner, 9 Id., 137; Birdsall v. Carter, 5 Id., 517; Clark v. Leering, 29 Id., 293. cited: Kansas Mfg. Co. v. Wagner, 25 Neb., 440; Nichols v. Hail, 4 Id., 215; Chariton Plow Co. v. Davidson, 16 Id., 377; Webster v. Wray, 17 Id., 579; Wilson v. Beardsley, 20 Id., 451; McKeighan v. Hopkins, 19 Id., 38; Rogers v. Empkie Hdw. Co., 24 Id., 655; Krider v. Trustees, 31 la.,…
1Opinion of the CourtNorval, J.
This suit is upon three promissory notes executed by defendants in error on July 20, 1885, amounting in the aggregate to the sum of $200, besides interest. The notes were given in payment for an Esterly twine binder harvester, manufactured and sold by plaintiff.
The defendants admit the execution and delivery of the notes, and as a defense thereto set up in their answer that the plaintiff warranted the machine to do as good work as any machine, and that plaintiff further agreed to furnish to defendants, free of charge, all necessary repairs for said machine for the term of two years from the…
2Cases cited3 opinions
- George Esterly & Son v. Van SlykeNebraska Supreme Court · 1887
- H. Birdsall, Son & Co. v. CarterNebraska Supreme Court · 1881
- Smith v. EvansNebraska Supreme Court · 1882
3Cited by10 opinions
- St. Paul Fire & Marine Insurance v. RuddyCourt of Appeals for the Eighth Circuit · 1924
- Tylee v. Illinois Central RailroadNebraska Supreme Court · 1915
- D. M. Osborn Co. v. JordanNebraska Supreme Court · 1897
- Fricke v. StateNebraska Supreme Court · 1924
- Heiden v. Loup River Public Power DistrictNebraska Supreme Court · 1941
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