Kane v. Luckman
U.S. Circuit Court for the District of Northern Iowa
In Equity. Suit for specific performance of contract. Suit in equity to enforce specific performance of an alleged oral contract for the purchase by plaintiff from defendant of 510 cows. It was commenced in the district court of Iowa in and for Johnson county, and removed to this court by the defendant upon the ground of diverse citizenship of the parties.
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In Equity. Suit for specific performance of contract. Suit in equity to enforce specific performance of an alleged oral contract for the purchase by plaintiff from defendant of 510 cows. It was commenced in the district court of Iowa in and for Johnson county, and removed to this court by the defendant upon the ground of diverse citizenship of the parties. The petition was filed January 20, 1903, and therein it is alleged, in substance: “That on January 8, 1903, the plaintiff bought of the defendant five hundred and ten cows then in the hands of farmers in Johnson and other counties in Iowa,…
1Opinion of the CourtReed, District Judge
(after stating the facts). The controlling questions arising in this suit for determination are: (1) Has the complainant shown a completed contract between himself and the defendant, not within the statute of frauds ? And (2) If he has, is it one that equity will decree to be specifically performed? A large amount of testimony has been taken, much of it conflicting, and that of plaintiff and defendant individually as to the consummation of a completed contract between them irreconcilably so. Such of it as it is deemed necessary to refer to will be stated in the course of the opinion.
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2Cases cited33 opinions
- Root v. Railway Co.Supreme Court of the United States · 1882
- Willard v. TayloeSupreme Court of the United States · 1870
- The " Scotland"Supreme Court of the United States · 1882
- United States v. FoxSupreme Court of the United States · 1877
- McCormick v. SullivantSupreme Court of the United States · 1825
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3Cited by10 opinions
- Linneman Construction, Inc. v. Montana-Dakota Utilities Co.Court of Appeals for the Eighth Circuit · 1974
- Elliott v. JonesCourt of Chancery of Delaware · 1917
- Hagerhorst v. Indemnity Ins. Co. of North AmericaDistrict Court, E.D. Missouri · 1939
- Flechs v. RichieSupreme Court of Oklahoma · 1923
- Moody v. ColeDistrict Court, D. Maine · 1906
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