Cunningham v. Pettigrew
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Utah. In October, 1901, James Johnston, the owner of certain unpatented mining claims in Nevada, executed a written lease to one Hyde, and in the same instrument gave him an option to purchase the leased property on or before the expiration of the lease, upon the payment of $75,000, in installments as follows: $20,000 on or before December 20, 1901; $15,000 on or before February 20, 1902; $15,000 on or…
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Appeal from the Circuit Court of the United States for the District of Utah. In October, 1901, James Johnston, the owner of certain unpatented mining claims in Nevada, executed a written lease to one Hyde, and in the same instrument gave him an option to purchase the leased property on or before the expiration of the lease, upon the payment of $75,000, in installments as follows: $20,000 on or before December 20, 1901; $15,000 on or before February 20, 1902; $15,000 on or before April 20, 1902; $15,000 on or before June 20, 1902; and $10,000 on or before August 20, 1902. Simultaneously with…
1Opinion of the CourtAdams, Circuit Judge
(after stating the case as above). The bare recital of the facts of this case discloses the existence of .a flagrant breach of trust among business associates between whom a relation of confidence and trust existed for which the law ought to furnish a remedy, and we think it does. Plainly stated, Hyde and Fox devised a scheme to get one-half of the mine for nothing by inducing the complainant, Pettigrew, to become a joint purchaser of it with them under the belief that he was paying only one-half of the purchase price thereof. In the case of Walker v. Pike County Land Co., 71 C. C. A. 593,…
2Cases cited20 opinions
- Wood v. CarpenterSupreme Court of the United States · 1879
- Upton v. TribilcockSupreme Court of the United States · 1875
- Grimes v. SandersSupreme Court of the United States · 1876
- Trice v. ComstockCourt of Appeals for the Eighth Circuit · 1903
- Stewart v. Wyoming Cattle Ranche Co.Supreme Court of the United States · 1888
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