Livingston v. Wagner
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Ormsby county; Q. E. Mach, District Judge: Action by A. Livingston against John Wagner for the purchase price of goods. From a judgment for defendant and an order denying a new trial, plaintiff appeals. The facts sufficiently appear in the opinion. I. Both complaint and answer alleged a sale of the goods from Stein Bros, to Wagner.
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Appeal from the District Court of the State of Nevada, Ormsby county; Q. E. Mach, District Judge: Action by A. Livingston against John Wagner for the purchase price of goods. From a judgment for defendant and an order denying a new trial, plaintiff appeals. The facts sufficiently appear in the opinion. I. Both complaint and answer alleged a sale of the goods from Stein Bros, to Wagner. Each party to the suit was estopped by his pleading from proving a different state of facts from what he has alleged. No finding or judgment can stand which is not within the issues made by the pleadings. II. A…
1Opinion of the Court
By the Court,
Bonnieield, J.:
The plaintiff by his complaint alleges: * * * “That on or about said May 17, 1894, said Stein Bros, at the special instance and request of defendant, John Wagner, sold and delivered to said defendant certain lot of goods, wares and merchandise (describing them) at the agreed price of two thousand dollars; that said goods, wares and merchandise above mentioned were reasonably worth the sum of two thousand dollars; that at the time said goods, wares and merchandise were sold to defendant by said Stein Bros, said defendant paid therefor and on account thereof the sum…
2Cases cited3 opinions
- Michael v. . FoilSupreme Court of North Carolina · 1888
- Hanlon v. DohertyIndiana Supreme Court · 1887
- Bauer v. GarrettCalifornia Supreme Court · 1889
3Cited by9 opinions
- Burgess v. HelmNevada Supreme Court · 1898
- Neuman v. GrantMontana Supreme Court · 1907
- Berrum v. GeorgettaNevada Supreme Court · 1939
- Oliver v. LittleNevada Supreme Court · 1909
- Southwestern Arizona Fruit & Irrigation Co. v. CameronArizona Supreme Court · 1914
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