Hayes v. City of Nashville
Court of Appeals for the Sixth Circuit
Error to the Circuit Court of the United States for the Middle District of Tennessee. The action below was by W. J. Hayes & Sons, a firm of brokers of Cleveland, Ohio, to recover from the corporation, the mayor and city council of the city of Uashville, Tenn., $3,750, a part of the sum deposited under a contract made between the parties for the sale and purchase of $400,000 of negotiable bonds.
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Error to the Circuit Court of the United States for the Middle District of Tennessee. The action below was by W. J. Hayes & Sons, a firm of brokers of Cleveland, Ohio, to recover from the corporation, the mayor and city council of the city of Uashville, Tenn., $3,750, a part of the sum deposited under a contract made between the parties for the sale and purchase of $400,000 of negotiable bonds. The defendants filed a plea averring they were entitled to retain the amount sued for because of damages in that sum sustained by them through the failure of the plaintiffs to take the bonds as agreed.…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts as above). Though other questions are raised by the assignment of errors, we shall discuss only the two which were presented and argued to the court.
It was first contended on behalf of the plaintiffs in error that the city could not claim damages for breach of the contract, by way of set-off, because its action in annulling the contract was a complete rescission of it, releasing each party from every obligation under it, as if there never had been a contract made. It is well settled that a technical rescission of the contract has the legal effect of entitling each of…
2Cases cited11 opinions
- Anvil Mining Co. v. HumbleSupreme Court of the United States · 1894
- Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
- Dustan v. . McAndrewNew York Court of Appeals · 1870
- McCreery v. . DayNew York Court of Appeals · 1890
- Sands & Crump v. Taylor & LovettNew York Supreme Court · 1810
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3Cited by25 opinions
- Hyman v. CohenSupreme Court of Florida · 1954
- Sylvania Industrial Corporation v. Lilienfeld's EstateCourt of Appeals for the Fourth Circuit · 1943
- Cruse v. ClawsonMontana Supreme Court · 1960
- Clark v. American Developing & Mining Co.Montana Supreme Court · 1903
- Bering Mfg. Co. v. W. T. Carter & Bro.Court of Appeals of Texas · 1923
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