Imperial Water Co. No. 5 v. Holabird
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Southern Division of the Southern District of California. Suit in equity by W. H. Holabird,'as receiver of the California Development Company, and the California Development Company, against the Imperial Water Company No. 5, for cancellation of a written instrument. Decree for complainants, and defendant appeals.
Read the full summary
Appeal from the Circuit Court of the United States for the Southern Division of the Southern District of California. Suit in equity by W. H. Holabird,'as receiver of the California Development Company, and the California Development Company, against the Imperial Water Company No. 5, for cancellation of a written instrument. Decree for complainants, and defendant appeals. The California Development Company, the complainant in this action, is a corporation organized and incorporated under the laws of the state of New Jersey on the 23d day of April. 1896, with a capital stock of $1,250,000,…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). The first question io be determined in this case is whether the complainant is entitled to an enforcement of the covenant contained in the agreement between the Mexican Company and the defendant, dated March 15, 1901, the assignment of which by the Mexican Company to the complainant purports to have been ratified in the supplemental agreement between the complainant and the defendant, dated December 24, 1901. Under this covenant and assignment complainant claims the exclusive right to sell at its own price the entire unissued shares of the capital stock of…
2Cases cited14 opinions
- Pope Manufacturing Co. v. GormullySupreme Court of the United States · 1892
- Basey v. GallagherSupreme Court of the United States · 1875
- Atchison v. PetersonSupreme Court of the United States · 1874
- Hough v. PorterOregon Supreme Court · 1909
- Stanislaus County v. San Joaquin & King's River Canal & Irrigation Co.Supreme Court of the United States · 1904
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Willow River Water Users Ass'n v. Orchards Water Co.Oregon Supreme Court · 1924
- In Re Uintah BasinUtah Supreme Court · 2006
- Strawberry Water Users Ass'n v. Bureau of ReclamationUtah Supreme Court · 2006
- 4U Promotions, Inc. v. 18001 Holdings, LLCDistrict Court, S.D. Ohio · 2023
- 4U Promotions, Inc. v. 18001 Holdings, LLCDistrict Court, S.D. Florida · 2023
2 more not listed; retrieve them via the Exa API.