Neer v. Lang
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Suit by William A. Neer against Frank R. Lang. Judgment for 'defendant, and plaintiff brings error. The plaintiff is a citizen of the state of Michigan. The defendant is a citizen of the state of New York, and a resident of the Southern District thereof.
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In Error to the District Court of the United States for the Southern District of New York. Suit by William A. Neer against Frank R. Lang. Judgment for 'defendant, and plaintiff brings error. The plaintiff is a citizen of the state of Michigan. The defendant is a citizen of the state of New York, and a resident of the Southern District thereof. The plaintiff brought suit against defendant to recover damages in the amount of $17,000 for the breach of an alleged contract to sell plaintiff 20 shares of the capital stock of a corporation known as the Saxon Motor Company.
1Opinion of the Court
ROGERS, Circuit Judge.
The right to maintain this action depends upon whether a contract was ever made as alleged. The plaintiff relies on certain correspondence which passed between defendant and himself, and which he claims constituted a contract, and involves *576a breach. The plaintiff on October 9, 1915, received the following letter from the defendant:
“Fort Leavenworth, Kansas, Oct. 7, 1915.
“Wm. A. Neer & Co., Detroit — My Dear Mr. Neer: Will you keep me posted on the Saxon Motor common market. Would like to buy 10 or 15 shares at around 300, subject to confirmatio- or would sell 20 shares…
2Cases cited4 opinions
- Greenawalt v. EsteSupreme Court of Kansas · 1888
- Sharp v. WestDistrict Court, W.D. Arkansas · 1907
- Lacey v. ThomasU.S. Circuit Court for the District of Oregon · 1908
- Cameron v. WrightAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by13 opinions
- Robbins v. Pacific Eastern Corp.California Supreme Court · 1937
- Pan-American Bank & Trust Co. v. National City Bank of New YorkCourt of Appeals for the Second Circuit · 1925
- Nicoll v. Pittsvein Coal Co.Court of Appeals for the Second Circuit · 1920
- Columbia Malting Co. v. Clausen-Flanagan CorporationCourt of Appeals for the Second Circuit · 1924
- C. H. Pope & Co. v. Bibb Mfg. Co.Court of Appeals for the Second Circuit · 1923
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