Legal Opinion

McGuire v. Thompson

Nebraska Supreme Court

Decided December 12, 1949No. 32677Published

1Opinion of the Court

*29Messmore, J.

This is an action at law to rescind an oral agreement made between the plaintiff and defendant whereby the plaintiff was to exchange his stallion for defendant’s mare. The case was tried to a jury, resulting in a verdict for the plaintiff, fixing the value of the stallion at $791. Upon the overruling of defendant’s motion for new trial, the defendant appealed.

The plaintiff’s amended petition set forth the agreement for the exchange of horses, the reliance of the plaintiff on the representation made by the defendant that the mare he traded was with foal which proved to be false,…

2Cases cited20 opinions

  1. Whitney v. ThacherMassachusetts Supreme Judicial Court · 1875
  2. Klind v. Valley County BankMontana Supreme Court · 1924
  3. Midland Valley R. Co. v. LarsonSupreme Court of Oklahoma · 1914
  4. Western Home Insurance v. RichardsonNebraska Supreme Court · 1894
  5. Scherz v. Platte Valley Public Power & Irrigation DistrictNebraska Supreme Court · 1949

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