Esden v. Kaiser

76 P. 1134, 27 Nev. 432

• Court: Nevada Supreme Court
• Decided: July 5, 1904
• Docket: No. 1652.
• Status: Published

Opinion

By the Court, Tabbot, J.:

This case depends upon the same contract and involves the same legal principles as those controlling the decision in the suit of Fannie Painter v. Emma Kaiser, 27 Nev. 421, just determined by this court, except that tbe plaintiff here signed tbe contract.

For tbe reasons regarding tbe first point stated in that opinion, tbe order and judgment sustaining the demurrer and dismissing the action are reversed, and the case is remanded, with direction to the district court to fix a time within which the defendant will be allowed to answer.

Belknap, O. J., and Fitzgerald, J., concur.