(DOWNLOAD) "Hugh Burgess Et Al. v. Curly Olney's" by Supreme Court of Nebraska # Book PDF Kindle ePub Free
eBook details
- Title: Hugh Burgess Et Al. v. Curly Olney's
- Author : Supreme Court of Nebraska
- Release Date : January 30, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
This is a law action seeking a money judgment for an alleged breach of a contract by which the defendant agreed to sell to
the plaintiffs three used combines. A jury was waived and after trial the court rendered judgment against the defendant for
$200 for return of a downpayment made by plaintiff purchasers and dismissed the plaintiffs' petition at their cost. In its
judgment and order of dismissal the court stated: "The Court finds from the evidence introduced at the time of trial that
the down payment by plaintiffs to the defendant in the sum of $200.00 should be returned, and therefore judgment for the plaintiffs
was rendered in the sum of $200.00. As to all other matters, the court finds for the defendant, and the costs are taxed to
the plaintiffs." The issues presented to the District Court as evidenced by the pleadings, the pretrial order defining issues, and the evidence
were the following: (1) Was there a contract. (2) Was it breached by the defendant by selling the combines to a third party
before the plaintiffs were required to take delivery. (3) Did the plaintiffs breach the contract by failing to take delivery
within 2 or 3 weeks from the time the purchase order was signed and the downpayment made, and was performance by the defendant
for that reason excused. (4) If the defendant breached the contract were the plaintiffs damaged, and if so, in what amount.