Kleinhans v. Jones
Court of Appeals for the Sixth Circuit
'Appeal from the Circuit Court of the United States for the District of Kentucky. This was a suit by Horace Kleinhans and D. G-. Simonson against Samuel H. Jones and Elizabeth Dunbar Jones for the specific performance of a contract. The circuit court dismissed the bill. Complainants appeal. This case was originally brought in tlio chancery division ot' the Jefferson circuit court, in Kentucky, hy petition.
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'Appeal from the Circuit Court of the United States for the District of Kentucky. This was a suit by Horace Kleinhans and D. G-. Simonson against Samuel H. Jones and Elizabeth Dunbar Jones for the specific performance of a contract. The circuit court dismissed the bill. Complainants appeal. This case was originally brought in tlio chancery division ot' the Jefferson circuit court, in Kentucky, hy petition. Subsequently the defendants, upon tiling their proper petition and bond, procured the removal of the case into the circuit court of the United States for the district of Kentucky. In the…
1Opinion of the Court 1
Having stated the case as above,
2Opinion of the Court · SeverensSeverens, District Judge
We think it quite clear that it was competent for the parties to become bound by correspondence carried on in the way in which this was, — -by letters and telegrams,- — -and that these, when put together, if they made out an assent of the parties to the terms of sale, would make a binding agreement, which could be specifically enforced, and that such a mode of creating a binding contract would be sufficient under the statute of frauds of the state of Kentucky, which seems to be not essentially different from that of other states, in re*746quiring written evidence…
3Cases cited17 opinions
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Dalzell v. Dueber Watch Case Manufacturing Co.Supreme Court of the United States · 1893
- Ryan v. United StatesSupreme Court of the United States · 1890
- De Sollar v. HanscomeSupreme Court of the United States · 1895
- Hennessy v. WoolworthSupreme Court of the United States · 1888
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4Cited by7 opinions
- Equitable Life Assur. Soc. v. McElroyCourt of Appeals for the Eighth Circuit · 1897
- Cella v. BrownCourt of Appeals for the Eighth Circuit · 1906
- Jones v. JanesSupreme Court of Louisiana · 1924
- Batavia v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1907
- Harris v. BillsSupreme Court of Iowa · 1927
2 more not listed; retrieve them via the Exa API.