Legal Opinion

Teller v. United States

Court of Appeals for the Eighth Circuit

Decided September 4, 1902No. 1,603PublishedCited by 7 opinions

In Error to the Circuit Court of the United States for the District of Colorado. In the fall of 1897 the plaintiff in error, John O. Teller, defendant below, was engaged in furnishing ties to the receivers of the Union Pacific Railroad Company on contract.

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In Error to the Circuit Court of the United States for the District of Colorado. In the fall of 1897 the plaintiff in error, John O. Teller, defendant below, was engaged in furnishing ties to the receivers of the Union Pacific Railroad Company on contract. John H. Mullison was then the claimant, and for many years in the possession, of certain placer mining grounds, consisting of 720 acres, in Carbon county, Wyo., known as the Montezuma Placer, and was desirous of obtaining the title thereof from the government. In October, 1897, it was agreed between the defendant and Afullison that…

1Opinion of the CourtLochren, District Judge

The release of the ties to the defendant by the government by its authorized agent, Abbott, in writing, August 3, 1898, and the defendant’s written agreement of the same date that he would pay for such of the ties as the government was entitled to be paid for, when the number of such ties and the amounts to be paid for them should be ascertained as therein provided for, constituted, together, a valid contract, and then transferred to and vested in the defendant all the title and property right which the government then had in the ties. U. S. v. Teller, 45 C. C. A. 416, 106 Fed. 447. While…

2Cases cited17 opinions

  1. Stark v. StarrsSupreme Court of the United States · 1868
  2. Deffeback v. HawkeSupreme Court of the United States · 1885
  3. Witherspoon v. DuncanSupreme Court of the United States · 1867
  4. Hastings & Dakota Railroad v. WhitneySupreme Court of the United States · 1889
  5. Cornelius v. KesselSupreme Court of the United States · 1888

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3Cited by7 opinions

  1. Peyton v. DesmondCourt of Appeals for the Eighth Circuit · 1904
  2. United States v. Paul Etcheverry and John EtcheverryCourt of Appeals for the Tenth Circuit · 1956
  3. Potter v. United StatesCourt of Appeals for the Eighth Circuit · 1903
  4. King-Ryder Lumber Co. v. ScottSupreme Court of Arkansas · 1904
  5. United States v. Bagnell Timber Co.Court of Appeals for the Eighth Circuit · 1910

2 more not listed; retrieve them via the Exa API.

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