Legal Opinion

Pope v. Hoopes

Court of Appeals for the Third Circuit

Decided November 28, 1898No. 2PublishedCited by 6 opinions

Appeal from fhe Circuit Court of the United States for tRe District ■of New Jersey. This was a suit in equity by Elmer E. Pope and another against William (t. Hoopes, Jr., and others for the reformation of a written eon-iraet, and its specific enforcement against the defendants as reformed. Plaintiffs appeal from a decree dismissing the bill.

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Appeal from fhe Circuit Court of the United States for tRe District ■of New Jersey. This was a suit in equity by Elmer E. Pope and another against William (t. Hoopes, Jr., and others for the reformation of a written eon-iraet, and its specific enforcement against the defendants as reformed. Plaintiffs appeal from a decree dismissing the bill. The following opinion was delivered in the circuit court by KIRKPATRICK, District Judge: In October, 1894, Elmer E. Pope and Calvin N. Dotson, the complainants, entered into an agreement in writing with the defendants, in and by which they leased from…

1Opinion of the Court

BTJTLER, District Judge.

The decree is fully justified by the opinion of the circuit court:; and vve adopt it as an expression of our views. We will only say in addition that there is no such evidence of fraud or mistake as would warrant reformation of the contract; it is scarcely pretended that there is. Taking the paper signed by tiie parties, as it stands, the plaintiffs did not exercise their option to purchase within the time specified, and they are without excuse, tending to relieve them from the consequences. Their attention was *454called to the terms of the contract, and their…

2Cited by6 opinions

  1. Grieve v. GrieveWyoming Supreme Court · 1907
  2. Green v. Cox MacHinery Co.Supreme Court of Oklahoma · 1926
  3. Watson v. . OwenMississippi Supreme Court · 1926
  4. Gambill v. SnowCourt of Appeals of Texas · 1945
  5. Work v. WagnerSupreme Court of Colorado · 1925

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