Marsh v. Synder
Nebraska Supreme Court
Error to the district court for Seward county. Tried below before Post, J. cited: Greenleaf on Evidence, sec. 51. 1 Wharton’s Evidence, sec. 29, and note 3. Mailler v. Propeller Co., 61 N. Y., 312. Maginn v. Railroad, 115 Mass., 240. Gov. v. Campbell, 17 Ala., 566. McCartney v. The Territory, 1 Neb., 121. Bank v. Whinfield, 24 Wend., 419. Jackson v. Tuttle, 7 Cowen, 364. Plaintiffs did not establish a fulfillment of warranty.
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Error to the district court for Seward county. Tried below before Post, J. cited: Greenleaf on Evidence, sec. 51. 1 Wharton’s Evidence, sec. 29, and note 3. Mailler v. Propeller Co., 61 N. Y., 312. Maginn v. Railroad, 115 Mass., 240. Gov. v. Campbell, 17 Ala., 566. McCartney v. The Territory, 1 Neb., 121. Bank v. Whinfield, 24 Wend., 419. Jackson v. Tuttle, 7 Cowen, 364. Plaintiffs did not establish a fulfillment of warranty. Schultz v. Lepage, 21 111., 159. Berdell v. Berdell, 80 111., 607. Christ v. Wray, 76 111., 205. R., R. I. & St. L. R. R. Co. v. Rafferty, 73 111., 62. Richey’s…
1Opinion of the Court
Lake, Ch. J.
This is a proceeding in error from Seward county to reverse the judgment of the district court, affirming that of the county court, rendered in an action brought by the plaintiffs in error for the price of a Marsh wind-mill, purchased by the defendant in error.
The sale of the mill was by a written contract, with warranty as to its working capacity in pumping water. The •defense relied on was the failure of the mill to come up to this requirement of the warranty.. The error complained of in the ruling of the county court was in the admission of the testimony of the witness Richey,…
2Cases cited1 opinion
- Cropsey v. AverillNebraska Supreme Court · 1879
3Cited by6 opinions
- Shelton v. Southern Railway Co.Supreme Court of North Carolina · 1927
- Metropolitan National Bank v. Commercial State BankSupreme Court of Iowa · 1898
- Richardson v. Farmers Union Oil CompanyMontana Supreme Court · 1957
- Green v. ShawSupreme Court of South Carolina · 1926
- First National Bank v. MiddletonMontana Supreme Court · 1921
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