Burck v. Taylor
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TEXAS. On December 8, 1888, appellant filed his petition in the District Court of Travis County, Texas, to recover of defendant the sum of $231,417, alleged to be his share of the profits of the contract made with the State of Texas for the building of its capitol.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TEXAS. On December 8, 1888, appellant filed his petition in the District Court of Travis County, Texas, to recover of defendant the sum of $231,417, alleged to be his share of the profits of the contract made with the State of Texas for the building of its capitol. The suit thus commenced was thereafter removed to the United States Circuit Court for the Western District of Texas, and on October 7,1889, upon leave obtained, the plaintiff filed an amended bill. To this bill, on November 4, defendant demurred. On…
1Opinion of the CourtJustice Brewer
That which arrests the attention is that, though the defendant furnished all the means and did all the work of building the capítol, and although the authorities of the State expressly recognized him as the contractor, bound in all respects to carry out the contract with the State in the same manner as the original contractor, and though he had no knowledge of any claim of plaintiff, the court is asked to recognize the latter as the owner of one thirty-second of the profits of the con*646tract, and to compel the defendant to pay him that amount. While only one thirty-second of the profits is…
2Cases cited9 opinions
- Hobbs v. McLeanSupreme Court of the United States · 1886
- Arkansas Valley Smelting Co. v. Belden Mining Co.Supreme Court of the United States · 1888
- Harris v. RunnelsSupreme Court of the United States · 1851
- Goodman v. NiblackSupreme Court of the United States · 1881
- Delaware County Commissioners v. Diebold Safe & Lock Co.Supreme Court of the United States · 1890
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3Cited by93 opinions
- United States v. RussoUnited States Court of Military Appeals · 1975
- Trubowitch v. Riverbank Canning Co.California Supreme Court · 1947
- Grand Trunk Western R. Co. v. HW Nelson Co.Court of Appeals for the Sixth Circuit · 1941
- Allhusen v. Caristo Construction Corp.New York Court of Appeals · 1952
- Levinson v. BoasCalifornia Supreme Court · 1907
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