Nebraska Reports Volume 19

Nebraska Reports Volume 19

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ...get his pay out of the store. The agent, J. H. Hanna, testified on rebuttal that Stone came to the office of plaintifi' about the time stated by hini and enqui-red whether there were any claims on the Janousky place, and he informed him there were not, and that there were no liens on the property; but that he further said that if the trade was made Janousky would pay him out of the money received, and that if he did not do so a lien would be filed. The witness did not remember saying that he would get the money out of the store if the trade was made. It is insisted that the finding of the trial court is not supported by sufficient evidence, and that for that reason the decree should be reversed. Upon this feature of the case we have only to say that, in accordance with the-settled rule of law in this state when the testimony is conflicting, the verdict or finding in the trial court will be sustained unless clearly wrong. We not only find sufficient evidence in this record to sustain the finding, but are of the opinion that it is supported by the preponderance of the testimony. The finding will, therefore, not be molested on that ground. Plaintiff sought to show by the testimony of the witness Hanna, its agent, and by that of its vice-president, that Hanna had no authority to waive the taking of liens in any other method except upon payment of the lien itself. This was objected to, and upon plaintiff 's counsel stating in answer to an enquiry of the judge that he did not propose or expect to prove that either Janousky or Stone had any knowledge of such fact, the objection was sustained. This is assigned as error, In this we see no error. As to the legal proposition presented, we concede as sound substantially all that is...
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Product details

  • Paperback | 244 pages
  • 189 x 246 x 13mm | 440g
  • United States
  • English
  • black & white illustrations
  • 1236968573
  • 9781236968579