52 Neb. 440 | Neb. | 1897
As this case was tried in the district court of Richardson county on the same pleadings that it had been determined upon in the county court of that county, it
On tbe trial, to sustain bis action, Powell introduced in evidence a paper of which the following is a copy:
“This agreement, made this 10th day of July, 1893, between W. E. Dorrington and David D. Eeavis, of tbe first part, and F. S. Oolby, witnessetb: That said first party agrees to sell to said second party their full stock of furniture, carpets, coffins and hearse, and all undertaker’s goods at wholesale cash prices, including hearse, and on all damaged goods a reduction shall be made in proportion to tbe amount of tbe damages; and second party agrees to pay for the same as MIoavs: Said first party to have tbe option of taking all of three separate tracts of land in Kansas, described as follows, to-wit: South ¿ of tbe southwest sec. 2, and tbe E. -1¿ of tbe S. E. of section 3, town 2, south of range 25, west. Cash. 160 acres in Norton Co. at $2,000 for said -j; sec., subject to a mortgage of $1,200 (tbe E, G, Doom place, 6 miles south*442 east of Kanona). Cash. 160 acres near Kanona, Decatur Co. at $12.50 per acre (south \ of S. W. & N. E. 1-of the S. W. J and the southeast of the N. W. N sec. 9, town 2, south of range 29). Cash. 160 acres near Oberlin, Decatur Co., at $8 per acre. Said two last pieces are clear of incumbrances. Also a house and two- lots in Lincoln, Neb., described as follows: Lots 5 and 6, block 88, University Place, Lincoln, Neb., at $3,000, clear! Of the said house and lots below trade of land — and the balance over and above such amounts and up to the invoice •of said store, to be paid in cash by the second party, it is understood that all over the property and $2,500 cash, said Dorrington and Reavis will take good secured notes. Said invoice to be made and this contract carried out as soon as said first party can personally examine said property and the said invoice be made.
“Each of said parties hereto agree to place in the hands of J. W. Powell the sum of $100, which sum shall be forfeited by the party refusing to execute this contract, and be paid by said Powell to the party willing to carry out this contract. * * * The price of all goods that cannot be agreed upon shall be left to some wholesale furniture house. Hearse to be taken at the present value.
“W. E. Dorrington.
“David D. Reavis.
“S. F. Colby.
“Witness: John W. Powell.
“We, the undersigned, agree to take the Lincoln property and one hundred and sixty acres north of Oberlin, Kansas, Decatur Co., as looked at and above described.
“Dorrington & Reavis,
“By W. E. Dorrington.”
It is observable that the value of the property to be transferred to Colby was- not fixed by the above agreement. That fact was afterwards to be determined. The property itself was described in general terms, and when the parties attempted to fix values there arose a dispute as to whether or not certain property which Dorrington
Because of the errors indicated, the judgment of the district court is reversed and the cause is remanded for further proceedings.
Reversed and "dismissed.