McClay v. Fleming
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of Kansas; John C. Pollock, Judge. Action at law by W. S. Fleming against J. O. McClay. Judgment for plaintiff, and defendant'brings error.
1Opinion of the Court
CARLAND, Circuit Judge.
This was an action at law, commenced by Fleming against McClay to recover the value of a stock of general merchandise delivered to McClay in pursuance of a contract that in consideration for said merchandise McClay would deliver to Fleming 49 shares of the capital stock of the Delphi Oil & Gas Company; Fleming claiming that he was entitled to rescind the contract for the nondelivery of the stock as agreed. A jury was duly waived, and the case tried to the court, which, after a consideration of the evidence, rendered judgment against McClay in the sum of $2,500. Counsel…
2Cases cited2 opinions
- United States v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1921
- Mason v. United StatesCourt of Appeals for the Eighth Circuit · 1915
3Cited by9 opinions
- Denver Live Stock Commission Co. v. LeeCourt of Appeals for the Eighth Circuit · 1927
- Lahman v. Burnes Nat. BankCourt of Appeals for the Eighth Circuit · 1927
- Pennok Oil Co. v. Roxana Petroleum Co.Court of Appeals for the Eighth Circuit · 1923
- Hirning v. Live Stock Nat. BankCourt of Appeals for the Eighth Circuit · 1924
- Buechle v. MontgomeryCourt of Appeals for the Eighth Circuit · 1930
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