Rickard v. Taylor
Court of Appeals for the Fourth Circuit
Appeal from the Circuit Court of the United States for the Northern District of West Virginia, at Parkersburg. The facts In the cause may be briefly stated as follows: Appellants, residents of the state of Yirginia, owned a large, tract of land in Randolph county, W. Va.; and on the 31st of October, 1900, W. B. Maxwell, an attorney at law and real estate broker, wrote them, proposing to purchase the timber upon their property, to which they, on the 15th of December, 1900,…
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Appeal from the Circuit Court of the United States for the Northern District of West Virginia, at Parkersburg. The facts In the cause may be briefly stated as follows: Appellants, residents of the state of Yirginia, owned a large, tract of land in Randolph county, W. Va.; and on the 31st of October, 1900, W. B. Maxwell, an attorney at law and real estate broker, wrote them, proposing to purchase the timber upon their property, to which they, on the 15th of December, 1900, replied, saying that they would price the timber to him at $8,000. Subsequently, on the 28th of January, 1901, said…
1Opinion of the CourtWaddill, District Judge
(after stating the facts as above). The question to be determined by the court is, what is the effect of the two alleged contracts, in the light of the facts and circumstances surrounding their execution, as shown by the letters and telegrams o.f the parties to the transaction at the time? The court below decreed specific performance of Exhibit B, making no mention of Exhibit A, from which it may be inferred that at least that instrument was. not deemed to be a valid and binding contract between the parties. In passing, it may be said that this conclusion was manifestly correct, as upon the…
2Cases cited5 opinions
- Cheney v. LibbySupreme Court of the United States · 1890
- Waterman v. BanksSupreme Court of the United States · 1892
- Insurance Co. v. Young's AdministratorSupreme Court of the United States · 1875
- Stitt v. HuidekopersSupreme Court of the United States · 1873
- Camp Mfg. Co. v. ParkerCourt of Appeals for the Fourth Circuit · 1899
3Cited by1 opinion
- Armistead v. Tennessee Consolidated Coal Co.Court of Appeals of Tennessee · 1932