Monidah Trust v. Arctic Const. Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern Division of the Western District of Washington; Edward E. Cushman, Judge. Suit by the Monidah Trust against the Arctic Construction Company. From a decree for defendant, plaintiff appeals. The appellant brought a suit in the court below to set aside an appraisal of the value of land under a lease and for a decree of the court to determine the true value of the land.
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Appeal from the District Court of the United States for the Northern Division of the Western District of Washington; Edward E. Cushman, Judge. Suit by the Monidah Trust against the Arctic Construction Company. From a decree for defendant, plaintiff appeals. The appellant brought a suit in the court below to set aside an appraisal of the value of land under a lease and for a decree of the court to determine the true value of the land. The lease was made in 1908. It was a lease of unimproved city property for a term of 50 years. It provided that the rent to be paid by the lessee should be upon…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). It is contended that the award should be set aside for the reason that the appraisers, in adopting the computation which Folsom made as the basis for the finding, made no attempt to ascertain the exact thing submitted to them for determination, but determined only how much, in view of the earning capacity of the building which was on the land, the lessee could afford to pay for the use of the land, or, in brief, that tire appraisers did not decide the question which they were called upon to decide, but another. The evidence is-that the appraisers held *305numero…
2Cases cited15 opinions
- Burchell v. MarshSupreme Court of the United States · 1855
- City of Omaha v. Omaha Water Co.Supreme Court of the United States · 1910
- Morville v. American Tract SocietyMassachusetts Supreme Judicial Court · 1877
- Goddard v. KingSupreme Court of Minnesota · 1889
- Omaha Water Co. v. City of OmahaCourt of Appeals for the Eighth Circuit · 1908
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3Cited by4 opinions
- Eliot v. CoulterMassachusetts Supreme Judicial Court · 1947
- Aitchison Et Ux. v. AndersonCourt of Appeals for the Ninth Circuit · 1950
- Luedinghaus Lumber Co. v. LuedinghausCourt of Appeals for the Ninth Circuit · 1924
- Wagner's EstatePennsylvania Orphans' Court, Philadelphia County · 1944