Legal Opinion · Dissent

W. P. Walker & Co. v. Walbridge

Court of Appeals for the Fifth Circuit

Decided March 14, 1905No. 1,340Published

In Error to the Circuit Court of the United States for the Western District of Texas.

1DissentShelby, Circuit Judge

This is an action for damages for deceit in the sale of real estate. The declaration shows that the plaintiffs purchased of the defendant a certain ranch for the lump sum of $20,000. It is averred that the defendant, to make such sale, represented that the ranch contained 43 sections, and that the plaintiffs subsequently ascertained that it only contained 32 sections — that there was a shortage of 11 sections. It is averred, in effect, that the 11 sections found not to be included in the ranch were worth not less than $7,000. The declaration contains no statement of the value of the 32…

2Cases cited6 opinions

  1. Smith v. BollesSupreme Court of the United States · 1889
  2. Sigafus v. PorterSupreme Court of the United States · 1900
  3. Wilson v. New United States Cattle-Ranch Co.Court of Appeals for the Eighth Circuit · 1896
  4. Greenwood v. PierceTexas Supreme Court · 1882
  5. Glaspell v. Northern Pac. R.U.S. Circuit Court for the District of North Dakota · 1890

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