139 P. 29 | Nev. | 1914
Lead Opinion
By the Court,
On the 29th day of June, 1910, the defendant brought a suit in the district court of Churchill County against the Eagle Salt Works Railroad Company, a Nevada corporation doing business in Lyon and Churchill Counties, to recover $30,245.43 and costs of suit upon a note and mortgage dated the 26th day of December, 1903, executed by Eagle Salt Works Railroad Company to defendant. During the time mentioned the plaintiffs were owners of all the capital stock and were directors of the Eagle Salt Works Railroad Company. While that action was pending, and on or about the 11th day of October, 1910, the plaintiffs and defendant herein and Eagle Salt Works Railroad Company entered into the following: "Memorandum of Agreement. Eagle Salt Works stockholders
Under this agreement, on the 18th day of October, 1910, the defendant took over from plaintiffs and became the owner of all the capital stock of the Eagle Salt Works Railroad Company, and took possession of the property and affairs of that company.
In the amended complaint it is alleged that by virtue of this agreement the plaintiffs became the owners of and entitled to collect all outstanding accounts then due the Eagle Salt Works Railroad Company, and that the plaintiffs paid all the current bills and August pay-roll of the Eagle Salt Works Railroad Company, as provided by the agreement. It is further alleged that between the
In the answer it is alleged that the defendant has fully complied with the terms of the agreement before mentioned, and it is denied that by virtue of the agreement, or otherwise, the plaintiffs became the owners of and entitled to collect the outstanding accounts due the Eagle Salt Works Railroad Company, or that the plaintiffs paid the current bills of that company, as provided in the agreement, or that the sum of $3,724.83 became due from the defendant to the Eagle Salt Works Railroad Company as its portion of freight charges, or otherwise. It is alleged that there was credited to the Eagle Salt Works Railroad Company by the defendant as its
Not only has the defendant denied all indebtedness, but by way of defense the answer details items relating to interline freight charges collected and regarding the cost of building of Eagle Salt Works Railroad.
The jury rendered a verdict in favor of the plaintiffs for $1,700. Two learned judges gave the case careful consideration. One overruled a motion for a nonsuit, and his successor denied the motion for a new trial.
There is much evidence regarding statements and understandings in relation to the agreement of October 11, 1910, above quoted, and regarding the transactions and accounts beween the defendant and the Eagle Salt Works Railroad Company. The agreement as quoted makes no specific reference to the demand set up in the complaint. The statement that "it is agreed that the present owners will collect all outstanding accounts, * * * also pay current bills to the day that the present owners turn the property over to their successors, ” cannot be construed as providing that any amounts remaining due the Eagle Salt Works Railroad Company on account for interline freight charges were relinquished by that company to the defendant. It is unnecessary to make any extended review of the hundreds of pages of evidence, which is not without conflict, at least concerning certain statements affecting the transactions involved and regarding the understanding of the parties or agents. The testimony does not show specifically that these charges were to be relinquished, and the testimony is not in harmony as to whether, in a general way, all demands which would include these charges were to be canceled.
After an examination of the record, we feel justified in
The foregoing are the objections most seriously urged in this court. Many other exceptions were taken, but we do not find any reversible error disclosed by the record.
The judgment and order of the district court are affirmed.
Rehearing
On Petition for Rehearing
Petition for a rehearing denied.