Kirby-Carpenter Co. v. Burnett
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Western District of Louisiana. This is an action to recover damages for the breach of a contract brought by John Burnett, plaintiff, a citizen of Louisiana, against the Kirby-Carpenter Company, defendant, a corporation chartered under the laws of the state of Illinois.
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In Error to the Circuit Court of the United States for the Western District of Louisiana. This is an action to recover damages for the breach of a contract brought by John Burnett, plaintiff, a citizen of Louisiana, against the Kirby-Carpenter Company, defendant, a corporation chartered under the laws of the state of Illinois. The contract is copied in the petition, and is as follows: '“Menominee, Mich., January 31st, 1902. “John Burnett, Lake Charles, La. — Dear Sir: We hereby give you au option until March 1st, 1902, to buy the lauds owned by the Kirby-Carpenter Company, in the Parish of…
1Opinion of the CourtShelby, Circuit Judge
The alleged contract which is the basis of this action is an option given by the plaintiff in error to the defen'dant in error. It gives the latter an option to buy certain lands at a certain price within a fixed time. It does not purport to bind the person to whom it is giver He paid nothing for it and makes no reciprocal promise. It contains no words that import any kind of consideration. A valuable consideration, in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to the one party, or sorfte forbearance, detriment, loss, or responsibility given,…
2Cases cited20 opinions
- Ide v. LeiserMontana Supreme Court · 1890
- Richardson v. HardwickSupreme Court of the United States · 1882
- Mers v. Franklin InsuranceSupreme Court of Missouri · 1878
- Campbell v. A. Lambert & Co.Supreme Court of Louisiana · 1884
- Houston & Texas Central Railway Co. v. MitchellTexas Supreme Court · 1873
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3Cited by1 opinion
- Freeman v. FalconerCourt of Appeals for the Sixth Circuit · 1913