York v. Washburn
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Minnesota.
1Opinion of the Court
VAN DEVANTER, Circuit Judge.
This was an action at law by York to recover back earnest money paid by him to Washburn upon an unperformed agreement for the procurement and delivery of a mining lease of real property for a term of years. Plaintiff’s complaint placed his right of recovery upon two grounds — one, that the agreement was oral, and therefore void under the statute of frauds of the state of Minnesota, in which the real property is situate; and the other, that defendant failed and refused to deliver a lease conforming in terms to the agreement. There was no allegation that the…
2Cases cited41 opinions
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- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Adams Express Co. v. Ohio State AuditorSupreme Court of the United States · 1897
- Hartford Fire Insurance v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1899
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3Cited by28 opinions
- Fleischmann Construction Co. v. United States Ex Rel. ForsbergSupreme Court of the United States · 1926
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- Lahman v. Burnes Nat. BankCourt of Appeals for the Eighth Circuit · 1927
- United States v. Sioux City Stock Yards Co.Court of Appeals for the Eighth Circuit · 1909
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