Moore v. Beiseker
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of North Dakota. As this case went off on demurrer to the petition, it will be necessary to set out the substance of the petition, which is unusually long.
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In Error to the Circuit Court of the United States for the District of North Dakota. As this case went off on demurrer to the petition, it will be necessary to set out the substance of the petition, which is unusually long. The plaintiff in error (hereinafter l'or convenience designated the plaintiff), a citizen of the state of Iowa, entered into a written contract with the defendants in error (hereinafter designated the defendants), citizens of the state of North Dakota, on the 21st day of November, 1901. By said contract the defendants agreed, in consideration of the sum of $500, to sell to…
1Opinion of the CourtPhilips, District Judge
It is to be conceded to the contention of counsel for defendants that the contract between the parties, in its inception, was ah optional contract, whereby the defendants agreed to sell the lands to the plaintiff on the conditions named, which option ran for a period of 30 days. It may also be conceded that the $500 deposited with Eugene D. Case was in the nature of a consideration for the purchase of the option; and that looking alone to the face of the contract and what, at the time of its execution, was in the contemplation of the parties an obligation on the part of the defendants to…
2Cases cited10 opinions
- Davis v. WakeleeSupreme Court of the United States · 1895
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Ballou v. SherwoodNebraska Supreme Court · 1891
- Kansas Union Life Ins. v. BurmanCourt of Appeals for the Eighth Circuit · 1905
- Long-Bell Lumber Co. v. StumpCourt of Appeals for the Eighth Circuit · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Country Club Oil Co. v. LeeSupreme Court of Minnesota · 1953
- City and County of Denver v. Denver Tramway CorporationCourt of Appeals for the Eighth Circuit · 1927
- United States v. HarrisCourt of Appeals for the Ninth Circuit · 1938
- Lifton v. HarshmanCalifornia Court of Appeal · 1949
- Texas Star Flour Mills Co. v. MooreDistrict Court, W.D. Michigan · 1910
4 more not listed; retrieve them via the Exa API.