Lacey v. Thomas
U.S. Circuit Court for the District of Oregon
At I^aw. This is an action for the recovery of damages for breach of an alleged contract for sale of a tract of real property, which has been submitted to the court without the intervention of a jury.
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At I^aw. This is an action for the recovery of damages for breach of an alleged contract for sale of a tract of real property, which has been submitted to the court without the intervention of a jury. By stipulation of the parties relative to the evidence pertinent to the cause, it appears that plaintiffs are partners, doing business under the firm name of James D. Bacey & Co., and citizens and inhabitants of the state of Illinois, and that the defendant is a resident and citizen of the state of Oregon; that on January 28, 1907, the defendant, being the owner of the N. W. ^ of section 36,…
1Opinion of the CourtWoeverton, District Judge
(after stating the facts as above). The crucial question involved by the controversy is whether there was a completed or consummated contract entered into between the parties for the sale by the defendant to the plaintiffs of the tract of land mentioned. In the view I take of the case it may be conceded that McClin-tock & Dacey were the agents of the plaintiffs, and acted for them in that relation in every step taken looking to the consummation of the alleged contract. So we may lay aside any question of agency, except to remark the real character of the instrument denominated “Agents’…
2Cases cited6 opinions
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- Kelsey v. CrowtherSupreme Court of the United States · 1896
- James v. DarbyCourt of Appeals for the Eighth Circuit · 1900
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3Cited by2 opinions
- Neer v. LangCourt of Appeals for the Second Circuit · 1918
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