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Nebraska Seed Co. v. Harsh

Nebraska Supreme Court
152 N.W. 310 (1915)


Facts

Harsh (defendant), a farmer, sent a letter to Nebraska Seed Co. (Nebraska) (plaintiff) stating that he had “about 1800 bu. or thereabouts” of seed to sell and the price he would like to sell it for. Nebraska replied, stating that it would accept the offer of 18,000 bu. of seed for the price quoted by Harsh. Nebraska also asked Harsh how soon he could load the seed. Nebraska sent a second letter the same day confirming the first letter and instructing Harsh to ship the seed right away. Nebraska paid for the seed, but Harsh refused to deliver. Harsh denied that he had entered into a contract with Nebraska. Nebraska filed suit. The jury returned a verdict for Nebraska and Harsh appealed.

Rule of Law

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Issue

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Holding and Reasoning (Morrissey, C.J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
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  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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