Casserleigh v. Wood
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Colorado. This is a bill in equity, which was filed by John H. Oasserleigh, the appellant, against James O. Wood and the Aspen Mining & Smelting Company and Jerome B. Wheeler, the appellees, to compel the specific performance of a contract made by James O. Wood on July 21, 1887, which is in words and figures following, to wit: “This agreement, made and entered into this 21st day of July, A. D. 1887, by…
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Appeal from the Circuit Court of the United States for the District of Colorado. This is a bill in equity, which was filed by John H. Oasserleigh, the appellant, against James O. Wood and the Aspen Mining & Smelting Company and Jerome B. Wheeler, the appellees, to compel the specific performance of a contract made by James O. Wood on July 21, 1887, which is in words and figures following, to wit: “This agreement, made and entered into this 21st day of July, A. D. 1887, by and between James O. Wood, of Milwaukee, Wisconsin, party of the first part, and J. H. Oasserleigh, of Denver, Colorado,…
1Opinion of the CourtThayer, Circuit Judge
The general question which arises on this appeal is whether the contract that was entered into by James O. Wood, one of the appellees, under date of July 21, 1887, is a contract of such a nature that it can be specifically enforced by a court of equity; and the determination of this question depends upon the further inquiry whether the contract was founded upon a valuable consideration, as well as upon the inquiry whether it is voidable either on account of its champertous character or because its enforcement would be opposed to public policy. In the lower court the bill was dismissed, as it…
2Cases cited14 opinions
- Peck v. HeurichSupreme Court of the United States · 1897
- Billings v. Aspen Mining & Smelting Co.Court of Appeals for the Eighth Circuit · 1892
- Omaha & Republican Valley Railway Co. v. BradyNebraska Supreme Court · 1894
- Boardman v. ThompsonSupreme Court of Iowa · 1868
- Brown v. BignéOregon Supreme Court · 1891
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Johnson v. Breckenridge-Stephens Title Co.Texas Commission of Appeals · 1924
- Watkins v. SedberrySupreme Court of the United States · 1923
- City of Ottumwa v. City Water Supply Co.Court of Appeals for the Eighth Circuit · 1902
- Jamison Coal & Coke Co. v. GoltraCourt of Appeals for the Eighth Circuit · 1944
- Keene Five Cent Sav. Bank v. ReidCourt of Appeals for the Eighth Circuit · 1903
18 more not listed; retrieve them via the Exa API.