Pinney v. Hill, 39304

Decision Date16 May 1974
Docket NumberNo. 39304,39304
Citation191 Neb. 844,218 N.W.2d 212
PartiesRonald PINNEY, Appellee, v. Harold HILL, Appellant.
CourtNebraska Supreme Court

Syllabus by the Court

1. Specific performance of a parol contract will be enforced by a court of equity where one party has wholly and the other party partly performed it, and its nonfulfillment on the one hand would amount to a fraud on the party who has fully performed it.

2. Actions in equity on appeal to the Supreme Court are triable de novo, subject, however, to the rule that when credible evidence on material questions of fact is in irreconcilable conflict the court will, in determining the weight of the evidence, consider the fact that the trial court observed the witnesses and their manner of testifying, and must have accepted one version of the facts rather than the opposite.

Thomas O. David, Thedford, for appellant.

Laurence N. Smith, O'Neill, Samuel C. Ely, Ainsworth, for appellee.

Heard before WHITE, C.J., and SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON, and BRODKEY, JJ.

SPENCER, Justice.

Harold Hill, defendant, appeals from a decree of specific performance requiring him to execute the necessary document to register eight quarter horse colts and to pay $1,500 damages to Ronald Pinney, plaintiff. We affirm.

Plaintiff had a registered quarter horse stallion under his management and control. Defendant was the owner of 10 registered quarter horse mares. Early in 1969, the parties entered into an oral agreement whereby plaintiff paid defendant $1,000 and the defendant leased the 10 mares to plaintiff for breeding purposes. Plaintiff was to own the colts. The mares produced eight colts.

The rules of the quarter horse association require the owner of the mares as well as the owner or lessor of the stallion to sign breeding certificates to make the colts eligible for registration. When proper documents are received at the quarter horse headquarters in Amarillo, Texas, the colts would be registered.

Plaintiff alleged it was understood and agreed by the parties that the defendant would sign any and all papers necessary to register said colts with the American Quarter Horse Association. Plaintiff made several different attempts over a period of 2 years to obtain the necessary papers from the defendant. He procured the necessary forms for defendant's signature, but defendant failed and neglected to execute the forms.

The record indicates defendant was the owner of another quarter horse stallion and a breeder of quarter horses. He was at all times familiar with the procedure required to register thoroughbred colts.

While the contract herein was oral, it had been performed fully by plaintiff and partially by defendant. The real point in issue raised by defendant is whether or not plaintiff proved that he agreed to furnish the necessary papers to enable plaintiff to...

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7 cases
  • Von Seggern v. Von Seggern, 40365
    • United States
    • Nebraska Supreme Court
    • July 21, 1976
    ...witnesses and their manner of testifying, and must have accepted one version of the facts rather than the opposite. Pinney v. Hill, 191 Neb. 844, 218 N.W.2d 212 (1974); Scripter v. Scripter, 188 Neb. 576, 198 N.W.2d 201 (1972). This court has also held many times that even when the case is ......
  • City of Omaha v. Matthews
    • United States
    • Nebraska Supreme Court
    • January 5, 1977
    ...the witnesses and their manner of testifying, and must have accepted one version of the facts rather than the opposite.' Pinney v. Hill, 191 Neb. 844, 218 N.W.2d 212. The judgment of the District Court is AFFIRMED. ...
  • Biggerstaff v. Ostrand, 41285
    • United States
    • Nebraska Supreme Court
    • January 25, 1978
    ...the witnesses and their manner of testifying, and must have accepted one version of facts rather than the opposite. Pinney v. Hill, 191 Neb. 844, 218 N.W.2d 212 (1974). The record discloses the following: Inez J. Ryan was a widow. Her husband, Andrew, died in 1940. Her only son, Russell, di......
  • Marfisi v. Spagnola, 40745
    • United States
    • Nebraska Supreme Court
    • December 15, 1976
    ...the witnesses and their manner of testifying and must have accepted one version of facts rather than the opposite. Pinney v. Hill, 191 Neb. 844, 218 N.W.2d 212 (1974); Parkhurst v. Parkhurst, 184 Neb. 687, 171 N.W.2d 243 The sole factual determination presented in this case is whether or no......
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