Southern Pacific Co. v. Butterfield
Nevada Supreme Court
Appeal from Seventh Judicial Court, Mineral County; Peter J. Somers, Judge. Action by the Southern Pacific Company against Mrs. C. Butterfield, C. N. Miller, and George F. Thompson. From a judgment for defendants, plaintiff appeals. The judgment is contrary to the facts as found by the trial court; the court reached an erroneous conclusion as to what judgment should follow the state of facts found.
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Appeal from Seventh Judicial Court, Mineral County; Peter J. Somers, Judge. Action by the Southern Pacific Company against Mrs. C. Butterfield, C. N. Miller, and George F. Thompson. From a judgment for defendants, plaintiff appeals. The judgment is contrary to the facts as found by the trial court; the court reached an erroneous conclusion as to what judgment should follow the state of facts found. (Rev. Laws, 5342.) Under our statutes, the contract can by no possibility be construed as a mortgage, and is not subject to the provisions of section 5501, Revised Laws. (Hyman v. Kelly, 1 Nev.…
1Opinion of the Court
By the Court,
McCarran, J.:
The questions involved in this case are determined by the decision of this court in case No. 2186, to wit, *180Southern Pacific Co., a Corporation, v. C. N. Miller, George F. Thompson, and A. E. Bettles, 39 Nev. 169, 154 Pac. 929, except in so far as the liability of respondent Thompson is concerned.
The contract involved in this case was one between appellant and respondents Butterfield and Miller for the sale and - purchase of land. Stipulated payments were agreed upon, and time was made for the essence of the contract. The legal title was retained in the vendor,…
2Cases cited7 opinions
- Couch v. CraneSupreme Court of Georgia · 1914
- Lisenby v. NewtonCalifornia Supreme Court · 1898
- Corbus v. TeedIllinois Supreme Court · 1873
- Bimrose v. MatthewsWashington Supreme Court · 1914
- Hugel v. HabelAppellate Division of the Supreme Court of the State of New York · 1909
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3Cited by2 opinions
- Kneberg v. H. L. Green Co.Court of Appeals for the Seventh Circuit · 1937
- Beazley v. EmbreeCalifornia Court of Appeal · 1919