Nelson v. Reinhart
Nevada Supreme Court
Appeal from Sixth Judicial District Court, Humboldt County; Edward A. Ducker, Judge. Action by Thomas Nelson against Edward Reinhart. From judgment rendered, plaintiff appeals. Statement of Facts Thomas Nelson, the appellant here, commenced the action in the lower court for the collection of money loaned.
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Appeal from Sixth Judicial District Court, Humboldt County; Edward A. Ducker, Judge. Action by Thomas Nelson against Edward Reinhart. From judgment rendered, plaintiff appeals. Statement of Facts Thomas Nelson, the appellant here, commenced the action in the lower court for the collection of money loaned. Respondent answered by admitting the allegations of plaintiff’s complaint and by setting up a counterclaim by way of defense. . The basis of the counterclaim was that in June, 1918, the defendant, respondent here, at the special instance and request of plaintiff, performed services as a…
1Opinion of the Court
By the Court,
McCarran, C. J.
(after stating the facts):
1. As to the contention of appellant that by entering into the agreement to submit the controversy to arbitration the case was thereby discontinued and dismissed, such is untenable in our judgment. It is not to say that the contention of appellant in this respect is without support in the way of authority, but it would appear to us that the better rule is that the intention of the parties as made manifest by their acts and conduct, together with their intention as set forth in their agreement, must govern in determining the question as to…
2Cases cited27 opinions
- Black v. StateWisconsin Supreme Court · 1902
- Ward v. ClayCalifornia Supreme Court · 1890
- Mutual Life Insurance v. O'DonnellNew York Court of Appeals · 1895
- Robinson v. Exempt Fire Co.California Supreme Court · 1894
- The HiramSupreme Court of the United States · 1816
22 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Zelinger v. Mellwin Construction Co.Supreme Court of Colorado · 1950