Perin v. Megibben
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Western Division of the Southern District of Ohio. In Equity. Bill for speeiiic performance, brought by James W. Megibben and Elizabeth Megibben, as administrators of the estate of Thomas J. Megibben, and James K. Megibben, against Oliver L. Perin, Timothy Hayes, and George Hubbell. The circuit court entered a decree for complainants. 49 Fed. Rep. 183. Respondents appeal.
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Appeal from the Circuit Court of the United States for the Western Division of the Southern District of Ohio. In Equity. Bill for speeiiic performance, brought by James W. Megibben and Elizabeth Megibben, as administrators of the estate of Thomas J. Megibben, and James K. Megibben, against Oliver L. Perin, Timothy Hayes, and George Hubbell. The circuit court entered a decree for complainants. 49 Fed. Rep. 183. Respondents appeal. Statement by TAPT, Circuit Judge: James W. Megibben and Elizabeth Megibben, as administrators oí the estate of Thomas J. Megibben, deceased, and James K. Megibben,…
1Opinion of the Court
TAFT, Circuit Judge,
(after stating the facts.) The first error as-
signed to the finding and decree of the circuit court is based on the claim that the contract cannol be specifically enforced, because it is for the purchase and sale of personal property. The point has not been pressed, either in the brief or on the argument, and hardly needs consideration. The agreement was in form a contract to buy all the shares of stock in the incorpoi a ted companies. The language of the contract shows that the real agreement was to bay certain real estate, together with the personal pro] lerty connected…
2Cases cited15 opinions
- Burgess v. SeligmanSupreme Court of the United States · 1883
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- Carter v. FlexnerCourt of Appeals of Kentucky · 1891
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3Cited by7 opinions
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