Talbot v. Pettigrew
Supreme Court Of The Territory Of Dakota
Appeal from the District Gourt of Mi/rmehaha County. The facts are stated in the opinion. Points and authorities cited: It is the settled law in England and in this country, that when a proposal is made by letter, the deposit of a letter of acceptance in the postoffice by the person to whom the proposal is made, or the sending a telegram announcing acceptance, completes the contract: Adams v. Dmdsell, 1 B. & Aid., 681; Duncan v. Topham, 8 O. & B., 225; Dunlap- v. Higgims, 1…
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Appeal from the District Gourt of Mi/rmehaha County. The facts are stated in the opinion. Points and authorities cited: It is the settled law in England and in this country, that when a proposal is made by letter, the deposit of a letter of acceptance in the postoffice by the person to whom the proposal is made, or the sending a telegram announcing acceptance, completes the contract: Adams v. Dmdsell, 1 B. & Aid., 681; Duncan v. Topham, 8 O. & B., 225; Dunlap- v. Higgims, 1 IT. & L. Cases, 881; Toy-lor v. Ins Co., 9 IIow., (H. S.) 390; Mactier v. Frith, 6 Wend., 103; s. o. 21 Am. Dec., 262;…
1Opinion of the CourtKidder, J.
This case was submitted to the court below without the intervention of a jury. The question presented for our determination is whether the facts found are sufficient to support the judgment, which was for the plaintiff. The court below found the facts as follows:
(1.) That during the month of July, 1879, the plaintiff resided at Sioux City, Iowa, and was engaged in business as dealer in land scrip and soldiers’ additional homesteads, and that the defendant, during that time, resided at Sioux Falls, Dakota.
(2.) That the defendant had at various times during several years purshased of plaintiff…
2Cases cited2 opinions
- Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
- Knight v. CooleySupreme Court of Iowa · 1872
3Cited by3 opinions
- United States v. MooreDistrict Court, N.D. New York · 1894
- Territory of New Mexico v. GutierrezNew Mexico Supreme Court · 1906
- Myers v. SmithSupreme Court of Iowa · 1924