Bailes v. Advance-Rumley Thresher Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of North Dakota; Charles F. Amidon, Judge. Suit by the Advance-Rumley Thresher Company against H. H. Bailes for cancellation of a deed. Decree for plaintiff, and defendant appeals.
1DissentSanborn, Circuit Judge
I am unahle to bring my mind to the conclusion that the vendor of valuable real estate 1 does not owe to his vendee the legal duty to ascertain and use in his negotiations for the sale and in his conveyance thereof, a description which clearly identifies the property, or to the conclusion that when he not only fails so to do, but actually uses one throughout the negotiations *681and in his conveyance which clearly describes another tract, he does not fail in the discharge of his legal duty to his vendee. This was what the thresher company did, and, although it did this by means of its agent and…
2Cases cited3 opinions
- Steinbeck v. Bon Homme Mining Co.Court of Appeals for the Eighth Circuit · 1907
- Boone v. ChilesSupreme Court of the United States · 1836
- Goldberg, Bowen & Co. v. German Ins. Co.U.S. Circuit Court for the District of Eastern Louisiana · 1907