Legal Opinion

Kinkead v. Lynch

U.S. Circuit Court for the District of Nevada

Decided September 24, 1904No. 765PublishedCited by 9 opinions

At Law. On motion for new trial.

1Opinion of the Court

HAWLEY, District Judge (orally).

There are but two questions involved in this case that I shall consider upon this motion: (1) What was the nature of the contract sued upon? (2) Was the verdict of the jury excessive?

The amended complaint alleges:

“1. That on or about the-day of July, 1903, at Virginia Oity, Nevada, plaintiff and defendants, Thomas J. Lynch and M. O’Meara, through their duly authorized agent, Henry J. Kinkead, entered into a verbal contract whereby plaintiff agreed to construct and equip a quartz mill, known as and called a ‘Kinkead Mill,’ the same to be of the capacity of…

2Cases cited12 opinions

  1. Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
  2. Bement v. SmithNew York Supreme Court · 1836
  3. Moore v. . PotterNew York Court of Appeals · 1898
  4. Ballentine v. RobinsonSupreme Court of Pennsylvania · 1863
  5. Fell v. MullerIndiana Supreme Court · 1881

7 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. United States v. Swift & Co.Supreme Court of the United States · 1926
  2. Geo. A. Moore & Co. v. MathieuCourt of Appeals for the Ninth Circuit · 1926
  3. Kawin & Co. v. American Colortype Co.Court of Appeals for the Seventh Circuit · 1917
  4. Fisher Hydraulic Stone & Machinery Co. v. WarnerCourt of Appeals for the Second Circuit · 1916
  5. Mid-Pacific Dress Manufacturing Co. v. CadinhaHawaii Supreme Court · 1944

4 more not listed; retrieve them via the Exa API.

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