Legal Opinion

Gerlach v. Skinner

Supreme Court of Kansas

Decided July 15, 1885PublishedCited by 16 opinions

Error from, Osage District Court. Charles Skinner brought his action against Augusta Gerlach and ,Philip Gerlach, alleging that Philip Gerlach, as the agent of Augusta Gerlach, agreed to sell him a house and lot in Osage City, Osage county, in this state, and also a certain stock of goods, wares and merchandise in the house, for the sum of $4,000; that through the fraud of Augusta and Philip Gerlach only a part of the real estate had been conveyed by deed to him; and that…

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Error from, Osage District Court. Charles Skinner brought his action against Augusta Gerlach and ,Philip Gerlach, alleging that Philip Gerlach, as the agent of Augusta Gerlach, agreed to sell him a house and lot in Osage City, Osage county, in this state, and also a certain stock of goods, wares and merchandise in the house, for the sum of $4,000; that through the fraud of Augusta and Philip Gerlach only a part of the real estate had been conveyed by deed to him; and that Augusta and Philip Gerlach refused to convey the balance of the real estate, and refused to deliver any part or portion of…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

Defendant in error — plaintiff below — has presented his motion to this court to dismiss the petition in error, upon the alleged ground that the case-made was not settled and signed within the time required by law; but he has filed no brief and presented no argument upon the merits of the case. It appears from the record that the judgment was rendered on February 12, 1884. Plaintiffs in error— defendants below — were granted to April 12,1884, in which to make and serve the case. This time was twice extended, and was finally fixed for July…

2Cases cited3 opinions

  1. McBratney v. ChandlerSupreme Court of Kansas · 1879
  2. Meixell v. KirkpatrickSupreme Court of Kansas · 1881
  3. Korman v. HenrySupreme Court of Kansas · 1884

3Cited by16 opinions

  1. Edwards County v. JenningsTexas Supreme Court · 1896
  2. Robert G. Lassiter & Co. v. TaylorSupreme Court of Florida · 1930
  3. Fairbanks-Morse Co. v. City of GearySupreme Court of Oklahoma · 1916
  4. Friend v. MillerSupreme Court of Kansas · 1893
  5. Light v. ConoverSupreme Court of Oklahoma · 1901

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