Stone v. Snell

• Decision Date: 09 April 1903
• Citation: 94 N.W. 525
• Parties: STONE v. SNELL ET AL.
• Court: Nebraska Supreme Court

94 N.W. 525

STONE v. SNELL ET AL.

Supreme Court of Nebraska

April 9, 1903

Commissioners’ Opinion. Department No. 3. Appeal from District Court, Greeley County; Paul, Judge.

"Not to be officially reported."

Suit by James A. Stone against Mary C. Snell and others. Decree for defendants, and plaintiff appeals. Affirmed.

James R. Hanna, Anderson & Maggi, and E. J. Clements, for appellant.

James R. Swain, Doyle & Berge, J. E. Kavanaugh, and J. B. Barry for appellees.

OPINION

DUFFIE, C.

Samuel E. Godkin, being the owner of the northwest quarter of section 4, township 18, range 9 west of the sixth P. M., in Greeley county, Neb., entered into a written contract with James A. Stone, the appellant, for the sale of said land for the sum of $2,500, $100 of which was paid at the date of the contract, to wit, December 11, 1901, the balance to be paid when an abstract showing perfect title in Godkin was furnished. Godkin and wife executed a deed at the same time, and both contract and deed were left in the hands of O. E. Green, a banker residing at Genoa, Neb., to be delivered upon the payment by Stone of the balance of the purchase money. About this time Godkin removed from the state of Nebraska to Idaho, leaving the farm in charge of one David Lanigan, with oral instructions to rent the same for the ensuing year, provided Stone had not completed his contract of sale by March 1, 1902. Some objection was made to the abstract furnished by Godkin, the release of a certain mortgage not being regular or satisfactory to Stone and his agent, S. V. Parrott, who conducted the business for him. Godkin being absent from the state, Parrott undertook himself to obtain a proper release of the mortgage referred to, and apparently succeeded in so doing on or about the 4th day of March, 1902, on which date the balance of the purchase price was paid to Green, who delivered the deed. In the meantime Lanigan had received a letter from Godkin dated Cambridge, Idaho, January 27, 1902, that part of which material to the question involved is as follows: "I hear that those parties that bought my place have done nothing since they put up the $100.00. Now I don’t want you to turn over the place or let any one they send there have possession until further notice from me or O. E. Green of Genoa, and if you hear nothing further have the place rented for the 1st of March." February 19, 1902, Lanigan wrote to Green as follows: "S.E. Godkin left his farm in my charge and wrote me on January 27th saying he had got nothing since he sold the place and got $100.00 and if I heard nothing further to have the place rented for the 1st of March and not give possession until I heard from you or him. Now, I would like to know if you closed the deal or would I rent it as I have a good chance now to rent. Please answer by return mail to Cedar Rapids, as I will call there for it." The next day Green replied to this letter as follows: "Yours of the 19th to hand in regard to the S.E. Godkin land. Replying would say that I do not think you better rent it as I received a letter to-day from Mr. Parrott stating that as soon as he received a certain release, which was improperly executed, he would be ready to pay the money and he was looking for the return of the release on every mail. I think there is no doubt that the matter will be cleaned up very shortly."

Lanigan waited until March 1st, and, hearing nothing further from Green, rented the land to Mrs. Snell for the year 1902. Mrs. Snell apparently took possession, and moved some of her effects into the house on the premises. Shortly after the delivery of the deed S. V. Parrott and Lee Parrott, his nephew, demanded the keys of the farm house from Lanigan. He replied that he had delivered the keys to Mrs. Snell, to whom he had rented the farm on the 1st day of March. The Parrotts then went to the farm,...