Legal Opinion

Burck v. Taylor

Supreme Court of the United States

Decided April 9, 1894No. 170Published

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TEXAS. On December 8, 1888, appellant filed his petition in the District Court of Travis County, Texas, to recover of defendant the sum of $231,417, alleged to be his share of the profits of the contract made with the State of Texas for the building of its capitol.

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TEXAS. On December 8, 1888, appellant filed his petition in the District Court of Travis County, Texas, to recover of defendant the sum of $231,417, alleged to be his share of the profits of the contract made with the State of Texas for the building of its capitol. The suit thus commenced was thereafter removed to the United States Circuit Court for the Western District of Texas, and on October 7,1889, upon leave obtained, the plaintiff filed an amended bill. To this bill, on November 4, defendant demurred. On…

1Opinion of the Court 1

152 U.S. 634 (1894)

BURCK

v.

TAYLOR.

No. 170.

Supreme Court of United States.

Argued December 15, 1893.

Decided April 9, 1894.

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TEXAS.

Mr. F. Charles Hume, (with whom was Mr. F.G. Morris on the brief,) for appellant.

Mr. George E. Hamilton for appellee.

2Opinion of the Court · BrewerJustice Brewer

That which arrests the attention is that, though the defendant furnished all the means and did all the work of building the capitol, and although the authorities of the State expressly recognized him as the contractor, bound in all respects to carry out the contract with the…

Also in this document: Dissent.

3Cases cited19 opinions

  1. Hobbs v. McLeanSupreme Court of the United States · 1886
  2. Arkansas Valley Smelting Co. v. Belden Mining Co.Supreme Court of the United States · 1888
  3. Brooks v. MartinSupreme Court of the United States · 1864
  4. Harris v. RunnelsSupreme Court of the United States · 1851
  5. Goodman v. NiblackSupreme Court of the United States · 1881

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