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
On Petition for Rehearing
By the Court,
Coleman, C. J.:
A very earnest petition for a rehearing has been filed in the above-entitled case, and we will briefly state our views thereon.
It is first insisted that the evidence shows that Richards and Degman sold their option for $2,000, of which $1,500 was paid, leaving a balance of $500 unpaid upon the purchase price, and that this amount is the amount of damage sustained by respondent. Conceding, for the purpose of disposing of this petition, that the entire purchase price was paid, except $500, it appears beyond dispute that the unpaid $500 was to…
2Cases cited1 opinion
- Jumbo Mining Co. v. District Court of the First Judicial DistrictNevada Supreme Court · 1905