Pantages v. Grauman
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Northern District of California. Suit in equity by Alexander Pantages and the Pantages Theater Company against David J. Grauman, Sid Grauman, New York & San Francisco Amusement Company, David Grauman and Sid Grauman, copartners, doing business as David J. Grauman, Claus A. Spreckels, and Rudolph Spreckels, executors'of the last will of Claus Spreckels, deceased, and Maurice Asher.
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Appeal from the Circuit Court of the United States for the Northern District of California. Suit in equity by Alexander Pantages and the Pantages Theater Company against David J. Grauman, Sid Grauman, New York & San Francisco Amusement Company, David Grauman and Sid Grauman, copartners, doing business as David J. Grauman, Claus A. Spreckels, and Rudolph Spreckels, executors'of the last will of Claus Spreckels, deceased, and Maurice Asher. Decree for defendants, and complainants severally appeal. The appellants, as plaintiffs, instituted this suit to compel the specific observance and…
1Opinion of the CourtWolverton, District Judge
(after stating the facts as above). The -honorable Circuit Court sustained the demurrers and dismissed the bills of complaint on the ground of a want of mutuality in remedy upon the agreement which forms the basis of the suit. While this court is not confined in its investigation to the one ground considered, we have concluded that it is determinative of the cause. The solution of the problem depends in large measure upon a proper rendition or construction of the agreement between Pantages and Grauman. If it be conceded, as it must be in view of the demurrers, that David J. Grauman assigned…
2Cases cited11 opinions
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Adams v. MessingerMassachusetts Supreme Judicial Court · 1888
- Shubert v. WoodwardCourt of Appeals for the Eighth Circuit · 1909
- Pacific Etc. Ry. Co. v. Campbell-JohnstonCalifornia Supreme Court · 1908
- Pomeroy v. FullertonSupreme Court of Missouri · 1893
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3Cited by10 opinions
- Hutchinson Gas & Fuel Co. v. Wichita Natural Gas Co.Court of Appeals for the Eighth Circuit · 1920
- Engemoen v. ReaCourt of Appeals for the Eighth Circuit · 1928
- Electric Management & Engineering Corp. v. United Power & Light Corp.Court of Appeals for the Eighth Circuit · 1927
- Roller v. WeigleCourt of Appeals for the D.C. Circuit · 1919
- Antero & Lost Park Reservoir Co. v. LoweSupreme Court of Colorado · 1921
5 more not listed; retrieve them via the Exa API.