McNamara v. Home Land & Cattle Co.
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Northern District of Illinois. This action was originally brought by defendant in error, a corporation organized and existing under the laws of the State of Missouri, against the plaintiffs in error, citizens and residents of the State of Montana, in the Superior Court of Cook County, Illinois, and was removed by plaintiffs in error to the Circuit Court below.
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In Error to the Circuit Court of the United States for the Northern District of Illinois. This action was originally brought by defendant in error, a corporation organized and existing under the laws of the State of Missouri, against the plaintiffs in error, citizens and residents of the State of Montana, in the Superior Court of Cook County, Illinois, and was removed by plaintiffs in error to the Circuit Court below. The action was to recover damages for the breach of the following contract: “This agreement, made and entered into this 27th day of May, A. D. 1897, at Chicago, County of Cook…
1Opinion of the CourtGrosscup, Circuit Judge
The contract, as a whole, contemplated a sale by the defendant in error to plaintiffs in error of its herd of stock cattle, including beef cattle, then ranging in Valley, Dawson and Custer Counties, Montana, and bearing a certain described brand. The contract mentioned the number as “thirty thousand more or less’’, but this was descriptive merely; the subject of barter was the herd of cattle, and, in the absence of deceit or fraud, no action would lie, merely because the number was less than the descriptive number mentioned in the contract.
The contract contained a guaranty that of this herd,…
2Cases cited1 opinion
- Home Land & Cattle Co. v. McNamaraCourt of Appeals for the Ninth Circuit · 1901
3Cited by2 opinions
- Home Land & Cattle Co. v. McNamaraCourt of Appeals for the Seventh Circuit · 1906
- Treat v. EllisCourt of Appeals for the Ninth Circuit · 1918