Legal Opinion · Dissent

Axelrod v. Osage Oil & Refining Co.

Court of Appeals for the Eighth Circuit

Decided November 8, 1928No. 7970, 7971Published

1DissentSymes, District Judge

I regret I am unable to concur with that part of the opinion of the court that decrees specific performance against the appellee, appellant, the Continental Oil Company.

Referring to the detailed statement of facts in the opinion, and without repeating the same, I am of the opinion that the meager negotiations between the parties in question did not result in any so-called “verbal agreements,” and that the same is not established. The Continental Oil Company and the Osage Company were strangers; no contract relations existed between them, and their respective interests were hostile, the…

2Cases cited3 opinions

  1. Engemoen v. ReaCourt of Appeals for the Eighth Circuit · 1928
  2. Ellis v. TreatCourt of Appeals for the Ninth Circuit · 1916
  3. Texas Co. v. HerringCourt of Appeals for the Eighth Circuit · 1927

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