Ankeny v. Clark
Supreme Court of the United States
ERROR TO THE SUPREME COURT OE THE TERRITORY OE WASHINGTON. It appears from the record, in this case- that on October 20, 1882, at Walla Walia, in Washington Territory, Levi Ankeny, the plaintiff in error, entered into a contract with Yan Burén Clark, the defendant in error, by which Ankeny agreed to sell and convey to Clark two quarter sections of land in Walla Walla County in consideration of 12,000 bushels of wheat, to be delivered in three annual instalments of 4000…
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ERROR TO THE SUPREME COURT OE THE TERRITORY OE WASHINGTON. It appears from the record, in this case- that on October 20, 1882, at Walla Walia, in Washington Territory, Levi Ankeny, the plaintiff in error, entered into a contract with Yan Burén Clark, the defendant in error, by which Ankeny agreed to sell and convey to Clark two quarter sections of land in Walla Walla County in consideration of 12,000 bushels of wheat, to be delivered in three annual instalments of 4000 bushels each, and of the assumption by Clark of a mortgage of $3000 on the land. This contract was evidenced by three written…
1Opinion of the CourtJustice Shteas
Numerous errors have been assigned to the rulings of the court below. The first has to do with a question of pleading. The plaintiff declares in assumpsit for the value of a certain amount of wheat by the plaintiff sold and delivered to the defendant. To this the defendant answered, setting up 'the execution of a so-called wheat note and a chattel mortgage to secure it, and alleging that “ all the wheat delivered to defendant by plaintiff was delivered and received as payment on said note and not otherwise.” In this answer no mention was made of any contract for the sale of land. The…
2Cases cited8 opinions
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