Wilson v. New United States Cattle-Ranch Co.
Court of Appeals for the Eighth Circuit
In Error to tlie Circuit Court; of the United States for the District of Colorado. At some time in the early part of .1884 the New United States Cattle-Ranch Company, Limited, a corporation, and tlie defendant in error herein, agreed to purchase of William J. Wilson, the plaintiff in error, the Circle ranch, which was located on the Republican river and some of its tributaries in the states of Nebraska, Colorado, and Kansas, and 6,000 head of cattle grazing thereon, and to…
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In Error to tlie Circuit Court; of the United States for the District of Colorado. At some time in the early part of .1884 the New United States Cattle-Ranch Company, Limited, a corporation, and tlie defendant in error herein, agreed to purchase of William J. Wilson, the plaintiff in error, the Circle ranch, which was located on the Republican river and some of its tributaries in the states of Nebraska, Colorado, and Kansas, and 6,000 head of cattle grazing thereon, and to pay therefor about $300,000 in money and some stock of the corporation. By this contract, and its various modifications,…
1Opinion of the CourtSanborn, Circuit Judge
The futile attempt of the defendant in error to maintain an action for affirmance, and an action for rescission of its contract of purchase, upon the facts pleaded in its complaint, has resulted.in such inextricable confusion of the rules of law applicable to the trial of this case that the judgment below must be reversed. When a vendee ascertains that lie has been induced to make a contract of purchase by the fraudulent misrepresentations of his vendor, he has a choice of remedies. He may rescind the contract, restore what he has received, and recover back what he has paid, or he may affirm…
2Cases cited6 opinions
- Smith v. BollesSupreme Court of the United States · 1889
- Thompson v. LibbySupreme Court of Minnesota · 1885
- Reynolds v. FranklinSupreme Court of Minnesota · 1890
- Barnes v. Union Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1893
- McMurphy v. WalkerSupreme Court of Minnesota · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Empire State Surety Co. v. Carroll CountyCourt of Appeals for the Eighth Circuit · 1912
- Germain Fruit Co. v. J. K. Armsby Co.California Supreme Court · 1908
- McKinley v. WilliamsCourt of Appeals for the Eighth Circuit · 1896
- Davis Calyx Drill Co. v. MalloryCourt of Appeals for the Eighth Circuit · 1905
- Richardson v. LoweCourt of Appeals for the Eighth Circuit · 1906
41 more not listed; retrieve them via the Exa API.