United States Gypsum Co. v. Mackey Wall Plaster Co.
Court of Appeals for the Ninth Circuit
. Appeal from the District Court of the United States for the District of Montana; Geo. M. Bourquin, Judge. Suit in equity by the Mackey Wall'Plaster Company against the United States Gypsum Company. Decree for complainant, and defendant appeals.' This is a suit for specific performance of an option contract. On Juno 15, 1909, the Mackey Wall Plaster'Company, appellee, made a lease of certain premises to the United States Gypsum Company, appellant.
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. Appeal from the District Court of the United States for the District of Montana; Geo. M. Bourquin, Judge. Suit in equity by the Mackey Wall'Plaster Company against the United States Gypsum Company. Decree for complainant, and defendant appeals.' This is a suit for specific performance of an option contract. On Juno 15, 1909, the Mackey Wall Plaster'Company, appellee, made a lease of certain premises to the United States Gypsum Company, appellant. The lease ran a year, with an option of purchase of all the property and rights described in the contract under certain conditions of payment. The…
1Opinion of the CourtHunt, Circuit Judge
(after stating the facts as above). [1] Examination of the option contained in the agreement of July 6, 1915, discloses that the burden is put upon the Gypsum Company to give to the Mackey Company a notice in writing at least 60 days prior to july 1, 1916, should the Gypsum Company not avail itself of the option to purchase, and that if the Gypsum Company should neglect or fail to give such notice at least 60 days before July 1, 1916, it would thereby become obligated to make the purchase. It was evidently understood by the parties to the agreement that the Gypsum Company well understood the…
2Cases cited5 opinions
- Hepburn and Dundas's Heirs v. Dunlop & Co.Supreme Court of the United States · 1816
- Dresel v. JordanMassachusetts Supreme Judicial Court · 1870
- Van Riper v. WickershamSupreme Court of New Jersey · 1910
- Kentucky Distilleries & Warehouse Co. v. BlantonCourt of Appeals for the Sixth Circuit · 1906
- Union Trust Co. v. DickinsonCalifornia Court of Appeal · 1916
3Cited by4 opinions
- United States v. MarescaDistrict Court, S.D. New York · 1920
- Keefer v. United Electric Coal CompaniesAppellate Court of Illinois · 1937
- United States Gypsum Co. v. Mackey Wall Plaster Co.Montana Supreme Court · 1921
- Crancer v. LareauCourt of Appeals for the Eighth Circuit · 1924