Missouri, K. & T. Ry. Co. v. Elliott
U.S. Circuit Court for the District of Missouri
In Equity. On demurrer to bill. Suit by tlie Missouri, Kansas & Texas Railway Company against John S. Elliott. Statement by PHILIPS, District Judge: The respondent brought suit at law in the state court against the complainant, based on contract. The respondent had a contract with the complainant by which he was to buy and put up on complainant’s line of railroad certain stone crushers, for the purpose of crushing stone to be used by the railroad as ballast on its track.
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In Equity. On demurrer to bill. Suit by tlie Missouri, Kansas & Texas Railway Company against John S. Elliott. Statement by PHILIPS, District Judge: The respondent brought suit at law in the state court against the complainant, based on contract. The respondent had a contract with the complainant by which he was to buy and put up on complainant’s line of railroad certain stone crushers, for the purpose of crushing stone to be used by the railroad as ballast on its track. The respondent was to furnish a minimum amount of such stone for a given period of time at a specified price. At the end of…
1Opinion of the Court
PHILIPS, District Judge,
(after stating the facts.) Many questions Avere argued at the hearing of this demurrer which ¡ire not necessary now to be decided. The real question is twofold: First, does the bill on its face show such equity ¡is to entitle ihe complainant to any relief? and, second, are the rights sought to be enforced such as, under the system of practice which obtains in this court, the plaintiff can fully avail itself of in defense to the action at law? The demurrant plants himself mainly upon the proposition of law that the agreement out of which this controversy springs is not…
2Cases cited11 opinions
- Boyle v. Zacharie & TurnerSupreme Court of the United States · 1832
- McConihay v. WrightSupreme Court of the United States · 1887
- Norton v. GaleIllinois Supreme Court · 1880
- Stose v. HeisslerIllinois Supreme Court · 1887
- Curry v. LackeySupreme Court of Missouri · 1865
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Cook v. FoleyCourt of Appeals for the Eighth Circuit · 1907
- United States v. George A. Fuller Co.Court of Appeals for the Eighth Circuit · 1926
- Pokegama Sugar Pine Lumber Co. v. Klamath River Lumber & Improvement Co.U.S. Circuit Court for the District of Northern California · 1899
- Franklin v. Nevada-California Power Co.Court of Appeals for the Ninth Circuit · 1920
- North British & Mercantile Ins. v. LathropCourt of Appeals for the Fourth Circuit · 1895
2 more not listed; retrieve them via the Exa API.