Richards v. Vermilyea
Nevada Supreme Court
Appeal from Fifth Judicial District Court,- Nye County; Mark R. Averill, Judge. Suit by C. L. Richards against S. E. Vermilyea. Judgment for plaintiff, motion for new trial denied, and defendant appeals. On respondent’s appeal from the ruling of the clerk on the cost bill, ruling of the clerk sustained as modified. Where there is a conflict in the testimony, the judgment of the trial court will not be set aside, unless clearly against the weight of evidence. Ency.
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Appeal from Fifth Judicial District Court,- Nye County; Mark R. Averill, Judge. Suit by C. L. Richards against S. E. Vermilyea. Judgment for plaintiff, motion for new trial denied, and defendant appeals. On respondent’s appeal from the ruling of the clerk on the cost bill, ruling of the clerk sustained as modified. Where there is a conflict in the testimony, the judgment of the trial court will not be set aside, unless clearly against the weight of evidence. Ency. Ev., vol. 14, p. 214; McNamee v. Nesbitt, 24 Nev. 400; Roberts v. Webster, 25 Nev. 94; Roberti v. Anderson, 27 Nev. 396; Tonopah…
1Opinion of the Court
By the Court,
Coleman, J.:
Respondent brought suit to recover judgment in the sum of $500 for breach of contract. In 1916 respondent and one Degman obtained an option upon three mining claims situated in the Manhattan mining district, Nye County, Nevada, and thereafter sold said option to appellant. This suit grows out of the contract entered into between appellant and respondent relative to the sale of respondent’s half interest. The written contract entered into between the parties is as follows:
“This agreement, made in duplicate and entered into this 26th day of May, 1906, by and between C.…
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