61 Neb. 333 | Neb. | 1901
This action was brought by John T. Alexander against the Culbertson Irrigation & Water Power Company, a corporation, to recover rent claimed to be dne upon a lease. The cause was tried to a jury in the district court for Hitchcock county, and resulted in a verdict and a judgment in favor of the defendant.
Of the numerous errors assigned we think there is only one that merits serious consideration. It is conceded that the lease mentioned in the petition was executed by C. J. Jones, the president of the company, but his authority in the premises is denied. The evidence before
The instructions contain a number of inaccurate and irrelevant expressions, but we are inclined to think that the only one which is prejudicially erroneous is the one above set out.
We express no opinion upon the sufficiency of the evidence to support the verdict, as that question has not been discussed by counsel. It has occurred to us, however, after a careful reading of the bill of exceptions, that the question is a debatable one.
The judgment is reversed and the cause remanded for further proceedings.
Reversed and remanded.