Alpha Portland Cement Co. v. Shirk
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the District of Indiana; Albert B. Anderson, Judge. Suit in equity by the Alpha Portland Cement Company and Fannie B. Gerstell, as administratrix, against Elbert Walker Shirk, with cross-bill by defendant. From a decree dismissing both bill and cross-bill, both parties appeal.
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Appeal from the District Court of the United States for the District of Indiana; Albert B. Anderson, Judge. Suit in equity by the Alpha Portland Cement Company and Fannie B. Gerstell, as administratrix, against Elbert Walker Shirk, with cross-bill by defendant. From a decree dismissing both bill and cross-bill, both parties appeal. Appellants filed their bill seeking to establish and foreclose a vendee’s lien against certain premises situate in Lawrence and Jackson counties, Ind., constituting a cement manufacturing plant, but not then in operation. The bill alleges that, influenced by…
1Opinion of the CourtKohlsaat, Circuit Judge
(after stating the facts as above). The main contentions here are: First, were appellants, under the facts as *972stated, entitled to a decree for the $25,000 paid as earnest money to appellee, and to the sum paid out as expenses incurred in investigation of said title and the quality and quantity of the stone deposit on said land? and, if not, second, was appellee entitled to a decree of specific performance of said contract against appellants?
[1,2] Without determining, the legal effect of the facts set out, it is clear from the allegations of the bill and answer, considered in connection with…
2Cases cited7 opinions
- Fagan v. HookSupreme Court of Iowa · 1905
- Ankeny v. ClarkSupreme Court of the United States · 1893
- Howe v. CoatesSupreme Court of Minnesota · 1906
- People v. CampMichigan Supreme Court · 1905
- Murray v. EllisSupreme Court of Pennsylvania · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- San Mateo Land Co. v. ElemCourt of Appeals for the Eighth Circuit · 1923
- Crocker v. Ingersoll Engineering & Constructing Co.Court of Appeals for the Sixth Circuit · 1918
- State ex rel. Washington Phosphate & Silver Co. v. State Board of Land CommissionersMontana Supreme Court · 1942
- Washington P. S. Co. v. Bd. L. Commrs.Montana Supreme Court · 1942