Home Land & Cattle Co. v. McNamara
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the District oí Montana. This was a suit in equity, brought by the appellees, citizens of Montana, to enforce the specific performance of a contract which they had made with one of the appellants, the Home Land & Cattle Company, a corporation, of the state of Missouri, which will be called herein the “Cattle Company.”
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Appeal from the Circuit Court of the United States for the District oí Montana. This was a suit in equity, brought by the appellees, citizens of Montana, to enforce the specific performance of a contract which they had made with one of the appellants, the Home Land & Cattle Company, a corporation, of the state of Missouri, which will be called herein the “Cattle Company.” The contract was made at Chicago on May 27, .1897. It provided for the sale and delivery of a herd of cattle belonging to the Cattle Company, which, by the terms of the contract were said to consist of 30,000 head, more or…
1Opinion of the CourtGilbert, Circuit Judge
One of the contentions upon the part of the appellants is that the appellees cannot demand the specific performance of the contract, for the reason that they themselves failed to carry out its provisions by refusing to pay the $23,325, which, under the contract, became due upon the delivery of the cattle which were turned over to and received by the appellees upon October 21st and 22d. The contracting parties, at the time of entering into the contract, had estimated the herd of cattle at 30,000 head. It was known that it consisted of two grades,—beef cattle and stock cattle. It was believed…
2Cases cited4 opinions
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Fidelity Ins. & Safe-Deposit Co. v. Shenandoah Iron Co.U.S. Circuit Court for the District of Western Virginia · 1889
- Hatch v. Indianapolis & Springfield R.U.S. Circuit Court for the District of Indiana · 1882
- Jennings v. DolanU.S. Circuit Court for the District of Southern New York · 1887
3Cited by2 opinions
- Kane v. LuckmanU.S. Circuit Court for the District of Northern Iowa · 1904
- McNamara v. Home Land & Cattle Co.Court of Appeals for the Seventh Circuit · 1903