Roberts v. Swearingen
Nebraska Supreme Court
Appeal by defendant from a decree rendered against him in the Polk county district court. The facts are set forth in the opinion. 1. The petition does not state facts sufficient to constitute a cause of action. The facts which constitute the alleged fraud must be particularly set forth.
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Appeal by defendant from a decree rendered against him in the Polk county district court. The facts are set forth in the opinion. 1. The petition does not state facts sufficient to constitute a cause of action. The facts which constitute the alleged fraud must be particularly set forth. Arnold ¶. Balcer, 6 Neb., 134. The petition is also defective in that behalf, because it fails to state that Swearingen made any false and fraudulent representations upon which Roberts, or his attorney, Cooper, relied, by which Cooper was induced to part with the possession of said deed, or was misled in any…
1Opinion of the Court
Maxwell, Ch. J.
On the fourth day of August, 1874, the plaintiff entered into a contract with the defendant to give a bond for a deed to the defendant for the following described real estate, to-wit: The east half of south-east quarter and east half of north-east quarter of section 22, town 16, range 1, in the county of Polk and state of Nebraska, “and the party of the first part (the plaintiff) also agrees to give to the party of the second part a good and sufficient warranty deed to the above described tract of land when the party of the second part shall have fully complied with his…
2Cited by17 opinions
- McKeighan v. HopkinsNebraska Supreme Court · 1886
- Kellner v. WhaleyNebraska Supreme Court · 1947
- Campbell ex rel. Estate of Campbell v. CarruthSupreme Court of Florida · 1893
- Scroggin v. JohnstonNebraska Supreme Court · 1895
- Ladman v. LadmanNebraska Supreme Court · 1936
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