Hosmer v. Wyoming Ry. & Iron Co.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Wyoming. This was a suit brought by the Wyoming Railway & Iron Company against Edward S. Hosmer, Addison A. Hosmer, Amanda S. Hosmer, David S. Wegg, and the Colorado Fuel & Iron Company, to enforce specific performance of a contract for the sale of certain mining claims and real property appurtenant thereto in Laramie county, Wyo.
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Appeal from the Circuit Court of the United States for the District of Wyoming. This was a suit brought by the Wyoming Railway & Iron Company against Edward S. Hosmer, Addison A. Hosmer, Amanda S. Hosmer, David S. Wegg, and the Colorado Fuel & Iron Company, to enforce specific performance of a contract for the sale of certain mining claims and real property appurtenant thereto in Laramie county, Wyo. The contract sought to be enforced was entered into by defendants Edward S. Hosmer and David S. Wegg on September 7, 1898, and was supplemented and qualified by certain agreements of extension.…
1Opinion of the CourtHook, Circuit Judge
Did the Circuit Court commit reversible error in overruling the demurrer to the amended bill of complaint, which was alleged to be multifarious? Was time of the essence of the contract sought to be enforced? Was the failure of complainant and its predecessor in interest to tender the amount due under the contract fatal to the maintenance of the suit? These are the questions presented on this appeal.
The doctrine of multifariousness in equity pleading rests largely upon considerations of inconvenience and expense. Its limitations are not sharply defined, and it would be both difficult and…
2Cases cited11 opinions
- Barney v. LathamSupreme Court of the United States · 1881
- Oliver v. PiattSupreme Court of the United States · 1845
- United States v. American Bell Telephone Co.Supreme Court of the United States · 1888
- Gaines Et Ux. v. ChewSupreme Court of the United States · 1844
- Hepburn and Dundas's Heirs v. Dunlop & Co.Supreme Court of the United States · 1816
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3Cited by2 opinions
- Greer Inv. Co. v. BoothCourt of Appeals for the Tenth Circuit · 1932
- Price v. Union Land Co.Court of Appeals for the Eighth Circuit · 1911