Te Poel v. Shutt
Nebraska Supreme Court
Appeal from the district court for Burt county. Heard below before Keysor, J. The time limit expired on May 5 and the contract was unenforceable thereafter. (Paget v. Park, 52 N. W. Rep. [Minn.] 532; Roberts v. Wilcox, 8 W. & S. [Pa.] 470; Shinn v. Roberts, 43 Am. Dec. [N. J.] 836; Wells v. Smith, 31 Am. Dec. [N. Y.] 274; Curtis r. Blair, 59 Am.
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Appeal from the district court for Burt county. Heard below before Keysor, J. The time limit expired on May 5 and the contract was unenforceable thereafter. (Paget v. Park, 52 N. W. Rep. [Minn.] 532; Roberts v. Wilcox, 8 W. & S. [Pa.] 470; Shinn v. Roberts, 43 Am. Dec. [N. J.] 836; Wells v. Smith, 31 Am. Dec. [N. Y.] 274; Curtis r. Blair, 59 Am. Dec. [Miss.] 257; Brown v. Ulrich, 48 Neb. 409; Spaulding v. Fierle, 33 N. Y. Supp. 402.) Appellee abandoned his claims by mortgaging the land. The court erred in rejecting the evidence as to the agreement concerning the abstract. (Beyerstedf r.…
1Opinion of the CourtNorval, J.
On March 26, 1895, Theodore H. Te Poel and Elias B, Shutt entered into a written contract for the exchange of farms. Both parties and their wives signed the agreement, a copy of which follows:
“Tekamah, Neb., March 26,1895.
“This memorandum witnessetli, that Theodore 11. Te Poel has this day traded to Elias B. Shutt his Burt county, Nebraska, farm of 400 acres, being the southwest quarter northwest quarter and east half northwest quarter and west half northeast quarter and southeast quarter, all in section No. 33, and the southwest quarter southwest quarter of section No. 34, all in township 22…
2Cases cited18 opinions
- Tompkins v. BatieNebraska Supreme Court · 1881
- Crabtree v. LevingsIllinois Supreme Court · 1870
- Fletcher v. DaughertyNebraska Supreme Court · 1882
- Ainsworth v. TaylorNebraska Supreme Court · 1898
- Hamilton v. ThrallNebraska Supreme Court · 1878
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- Krbel v. KrbelNebraska Supreme Court · 1908
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