Kell v. Trenchard
Court of Appeals for the Fourth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of North Carolina, at Raleigh. This is an appeal by the defendant and cross-complainant from a decree of the Circuit Court of the United States for the Eastern District of North Carolina entered in a suit for alleged fraud and misrepresentation in the sale of certain timber lands, etc., in Northampton county, N. C., in which there was a cross-bill for the enforcement of the payment of certain notes…
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Appeal from the Circuit Court of the United States for the Eastern District of North Carolina, at Raleigh. This is an appeal by the defendant and cross-complainant from a decree of the Circuit Court of the United States for the Eastern District of North Carolina entered in a suit for alleged fraud and misrepresentation in the sale of certain timber lands, etc., in Northampton county, N. C., in which there was a cross-bill for the enforcement of the payment of certain notes given for unpaid purchase money. On the 4th of April, 1901, the appellant, F. Kell, who resided at Gumberry, Northampton…
1Opinion of the CourtWaddill, District Judge
I. The court will, at the threshold, consider the extent of the relief to which the appellees are entitled in this case, and the propriety of going into the value of the property sold by the appellant to them, other than the timber, covered by the option; that is to say, assuming the appellees to be entitled to the relief asked, or some relief, by reason of the disparity in the quantity of the timber received from what they bought, whether tire appellant will be allowed to set up against such loss the fact that the property, other than the timber, was of sufficient value to cover the amount…
2Cases cited21 opinions
- Southern Development Co. v. SilvaSupreme Court of the United States · 1888
- Smith v. BollesSupreme Court of the United States · 1889
- Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- Barnard v. KelloggSupreme Court of the United States · 1871
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3Cited by17 opinions
- United States v. Ben Grunstein & Sons CompanyDistrict Court, D. New Jersey · 1956
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- New York Life Ins. Co. v. MillerCourt of Appeals for the Eighth Circuit · 1934
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