Legal Opinion

Bell v. Cascaden

District Court, D. Alaska

Decided January 17, 1918No. 2313Published

The plaintiff alleges in his complaint that prior to the month of February, 1915, he had acquired certain mining properties in the Fairbanks (now Tolovana) precinct, Fourth judicial division, and on or about the 14th day of February, 1915, gave to D. G. McCarty an option to purchase said properties for the sum of $10,000; that before the deferred payments fell due, and were paid, certain difficulties arose between the feaid McCarty and the defendant herein; that the…

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The plaintiff alleges in his complaint that prior to the month of February, 1915, he had acquired certain mining properties in the Fairbanks (now Tolovana) precinct, Fourth judicial division, and on or about the 14th day of February, 1915, gave to D. G. McCarty an option to purchase said properties for the sum of $10,000; that before the deferred payments fell due, and were paid, certain difficulties arose between the feaid McCarty and the defendant herein; that the defendant informed plaintiff that he, the defendant, could settle and adjust his differences with McCarty, providing plaintiff…

1Opinion of the Court

BUNNELL, District Judge.

In considering the evidence in the case, I have kept in mind the fact that much of it was admitted for limited purposes, and that on the important points it has been highly contradictory. It has therefore been weighed and considered with due regard to all the safeguards under which a case must be submitted to a jury under the provisions of the statute, and it has in addition been subjected to such tests as experience naturally suggests to the trier. No particular difficulty has been experienced in arriving at the facts in the case.

On the 14th day of March, 1915, the…

2Cases cited14 opinions

  1. Davis v. PatrickSupreme Court of the United States · 1891
  2. McPherson v. CoxSupreme Court of the United States · 1878
  3. A. Leschen & Sons Rope Co. v. Mayflower Gold Mining & Reduction Co.Court of Appeals for the Eighth Circuit · 1909
  4. Guaranty Trust Co. of New York v. KoehlerCourt of Appeals for the Eighth Circuit · 1912
  5. Rose v. WollenbergOregon Supreme Court · 1896

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