Simmons v. Baker

Raper, District Judge.

Action at law was begun by plaintiff to recover from defendants a payment that had been made by plaintiff on a contract for purchase of land. The defendants Baker and Peterson, appellants, in their answer denied plaintiff’s right of recovery, and prayed for specific performance of the agreement. The issue, therefore, be*854came triable to the court without a jury. Card v. Deans, 84 Neb. 4. However, the court called a jury iu an advisory capacity. O. B. Clark and the Bank of Stapleton were, in plaintiff’s petition, joined with Baker and Peterson as defendants. Under…