Kellogg v. Lavender
Nebraska Supreme Court
Appeal from Lancaster county district court. The action was for the specific performance of a contract which, with the facts prior and subsequent to its execution, are set forth in the opinion sufficient to an understanding of the case. Defendants below had judgment before Pound, J., dismissing the case, and plaintiff appealed. 1. Time is not of the essence of this contract.
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Appeal from Lancaster county district court. The action was for the specific performance of a contract which, with the facts prior and subsequent to its execution, are set forth in the opinion sufficient to an understanding of the case. Defendants below had judgment before Pound, J., dismissing the case, and plaintiff appealed. 1. Time is not of the essence of this contract. Dorsey v. Hall, 7 Neb., 464. Hoagland v. Latourette, 2 New Jersey Eq., 254. Huffman v. Hummer, 17 Id., 264. King v. Ruekman, 21 Id., 599. 2. Where the vendor again sells the estate of which, by reason of the first…
1Opinion of the CourtCobb, J.
The plaintiff purchased the real estate in question— two city lots in Lincoln, with a dwelling-house thereon, on the 13th day of July, 1872; the said purchase was evidenced by a writing of which the following is a copy:
“Agreement made and entered into the thirtieth day of July, 1872, between Luke Lavender, of Lincoln, county of Lancaster, and state of Nebraska, and M. F. Kellogg, city of Lincoln, county, state aforesaid. "Witnesseth that the said Luke Lavender, in consideration of the sum of five hundred dollars now paid, and the sum of one thousand dollars to be paid the first day of May,…
2Cited by5 opinions
- Smith v. GibsonNebraska Supreme Court · 1889
- State ex rel. City of Cheyenne v. SwanWyoming Supreme Court · 1897
- Kellogg v. LavenderNebraska Supreme Court · 1883
- Johnson v. HigginsNebraska Supreme Court · 1906
- Rice v. RiceSupreme Court of Alabama · 1917