Smiley v. Barker
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Wyoming. This writ of error challenges a judgment for the recovery of part of the purchase price paid by Samuel M. Barker, the defendant in error, to Robert A. Smiley, the plaintiff in error, for 0,000 sheep, none of which were ever delivered.
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In Error to the Circuit Court of the United States for the District of Wyoming. This writ of error challenges a judgment for the recovery of part of the purchase price paid by Samuel M. Barker, the defendant in error, to Robert A. Smiley, the plaintiff in error, for 0,000 sheep, none of which were ever delivered. Barker alleged .in his complaint that on November 21, 1892, he paid $1,000 to Smiley, and promised to pay him $28,500 on the delivery of 0,000 sheep, and that Smiley made a- written contract with him to deliver the sheep to him at Medicine Bow, in the state of Wyoming, on May 1,…
1Opinion of the CourtSanborn, Circuit Judge
The principal complaint concerning the trial of this case is that the court below admitted evidence of the oral agreement of October, 1893, which tended to modify the written contracts for the sale of the *686sheep, held that oral agreement valid, and rendered this judgment of $6,000 and interest for its breach, over the repeated objections of the plaintiff in error that this contract was void under the statute of frauds, and without consideration. A careful examination of the record has convinced us, however, that the invalidity of this oral agreement is not necessarily fatal to the judgment,…
2Cases cited16 opinions
- Stanley v. Supervisors of AlbanySupreme Court of the United States · 1887
- Nash v. TowneSupreme Court of the United States · 1867
- Emerson v. SlaterSupreme Court of the United States · 1860
- Swain v. SeamansSupreme Court of the United States · 1870
- Peck v. Stephenson's LesseeTennessee Supreme Court · 1847
11 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- City of Huron v. Second Ward Sav. BankCourt of Appeals for the Eighth Circuit · 1898
- Neppach v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- Crossett Lumber Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1937
- Gray v. PeltonOregon Supreme Court · 1913
- Barnard v. RandleCourt of Appeals for the Eighth Circuit · 1901
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