Legal Opinion

Black v. La Porte

Court of Appeals for the Eighth Circuit

Decided February 28, 1921No. 5571PublishedCited by 4 opinions

In Error to the District Court of the United States for the District of North Dakota; Joseph W. Woodrough, Judge. Action by William Black against John Ea Porte for damages for the violation of a lease. Judgment for defendant on a verdict directed in his favor, and plaintiff brings error.

1Opinion of the Court

MUNGER, District Judge.

The plaintiff in error (hereafter called plaintiff) by an instrument in writing leased a large tract of land in North Dakota to the defendant in error (hereafter called defendant) for a term "of years. Plaintiff brought this action, claiming that the defendant had violated the covenants of the lease. The defendant took issue, and pleaded a set-off. A verdict was directed in favor of the defendant for the amount of his set-off, less a small item of damage allowed to plaintiff, and plaintiff prosecutes this proceeding in error.

The specifications of error relate to rulings…

2Cases cited23 opinions

  1. Dermott v. JonesSupreme Court of the United States · 1865
  2. Schuyler v. . SmithNew York Court of Appeals · 1873
  3. Phillips v. StevensMassachusetts Supreme Judicial Court · 1819
  4. Polack v. PiocheCalifornia Supreme Court · 1868
  5. Beach v. . CrainNew York Court of Appeals · 1848

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3Cited by4 opinions

  1. Hampton v. Mott Motors, Inc.District of Columbia Court of Appeals · 1943
  2. Gaston v. Rutland R.Court of Appeals for the Second Circuit · 1929
  3. Monks v. HessSouth Dakota Supreme Court · 1928
  4. Orient Insurance v. Pioneer Mill Co.Hawaii Supreme Court · 1924

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