Wenham v. Switzer
Court of Appeals for the Ninth Circuit
Appeal from tbe Circuit Court of tbe United States for tbe District of Montana. In Equity. Suit by Á: A. Wenbam against William S. Switzer to compel specific performance of a contract. Bill dismissed. 51 Fed. 351. Plaintiff appeals. This is a suit in equity to compel the specific performance of a contract..
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Appeal from tbe Circuit Court of tbe United States for tbe District of Montana. In Equity. Suit by Á: A. Wenbam against William S. Switzer to compel specific performance of a contract. Bill dismissed. 51 Fed. 351. Plaintiff appeals. This is a suit in equity to compel the specific performance of a contract.. It is alleged in the bill that appellant, Wenham, who is a resident and citizen of Cleveland, Ohio, and respondent, Switzer, who is a resident and citizen of Butte, Mont., in April, 1888, entered into a contract to purchase the Burner lode mining claim, situate in Summit Valley mining…
1Opinion of the Court
HAWLEY, District Judge,
(after stating the facts.) It will readily be seen from the facts that the proofs made do not correspond with the allegations of the bill to the effect that respondent agreed to purchase the Burner lode for the joint benefit of the parties. Eespondent was the owner of an undivided one-half interest of the Burner lode claim at the time of the commencement of the correspondence between the parties in relation thereto, and the negotiations had reference only to the purchase of the other undivided one-half interest. But, notwithstanding this variance between the pleadings…
2Cases cited12 opinions
- Colson v. ThompsonSupreme Court of the United States · 1817
- Williams v. MorrisSupreme Court of the United States · 1877
- Hennessy v. WoolworthSupreme Court of the United States · 1888
- Purcell v. MinerSupreme Court of the United States · 1867
- Agard v. ValenciaCalifornia Supreme Court · 1870
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