Allen v. Rushfort

Dueeie, C.

This is the third appeal in this case. While the facts are very fully stated in the opinion written by Judge Letton on the first appeal (72 Neb. 907), a brief summary of these facts will tend to convenience in discussing the legal questions involved. The plaintiff was the owner of 40 acres of land upon which there was a crop of timothy hay. This crop she sold to the defendant; the parties executing the following agreement: “This agreement, made this 30th day of June, 1902, between Cora Allen and A. H. Rushfort, of Omaha, witnesseth, that the first party has sold to the second party…