Guthman v. Kearn
Nebraska Supreme Court
Error from tbe district court for Cass county. Tbe case is stated in tbe opinion. 1. Tbe law is not so unreasonable as to require a tender or demand when it appears from defendant’s conduct that it would be useless, and an absolute refusal to do tbe act for wbicb tbe money is to be paid waives a tender. Vaupel v. Woockoard, 2 Sand., Cban. Rep., 148. Beacham v. Eckford’s Ex., 2 Sand., Chan.
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Error from tbe district court for Cass county. Tbe case is stated in tbe opinion. 1. Tbe law is not so unreasonable as to require a tender or demand when it appears from defendant’s conduct that it would be useless, and an absolute refusal to do tbe act for wbicb tbe money is to be paid waives a tender. Vaupel v. Woockoard, 2 Sand., Cban. Rep., 148. Beacham v. Eckford’s Ex., 2 Sand., Chan. Rep., 131. Stone v. Sprague, 20 Barb., 509. Richie v. Huntington, 7 Kan., 249. Corbitt v. Alvord, 15 "Wis., 186. Bicket v. White, 1 Cin. Sup. Ct., 170. Ishamv. Green-ham, 1 Handy, *361. Borden v. Borden, 5…
1Opinion of the Court
Maxwell, Ch. J.
In May, 1876, the defendant entered into a contract with plaintiff to herd twenty head of plaintiff’s cattle during the season of 1876 for the sum of twenty-five cents per head per month. In September of that year *505ono Leuchitwise commenced an action in the county court of Cass county against the defendant, and proceedings in garnishment were had against the plaintiff in this cause for the sum of $20.
In October, 1876, the plaintiff instituted an action of replevin against the defendant to recover possession of the cattle in controversy. The defendant answered the petition of the…
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