Kelly v. Fahrney
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United Btates for the Western District of Arkansas. This case was tried below on demurrer to an amended complaint, the action being a suit at law upon a contract. The demurrer was sustained; whereupon the plaintiffs declined to plead further, and a final judgment was rendered in favor of the defendant.
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In Error to the Circuit Court of the United Btates for the Western District of Arkansas. This case was tried below on demurrer to an amended complaint, the action being a suit at law upon a contract. The demurrer was sustained; whereupon the plaintiffs declined to plead further, and a final judgment was rendered in favor of the defendant. The complaint recited, in substance, that the White Cliffs Portland Cement & Chalk Company was an Arkansas corporation, with a capital stock of $1,000,-000; that William J. Kelly and John Kelly, the plaintiffs below and the plaintiffs in error here, were,…
1Opinion of the CourtThayer, Circuit Judge
It is contended in behalf of the defendant below, the defendant in error here, that the demurrer to the complaint was properly sustained because the contract declared upon was a contract between the defendant and the White Cliffs Portland Cement & Chalk Company, hereafter termed the “White Cliffs Company,” and that no such privity exists between the plaintiffs and said company as will enable them to sue on an agreement made by it. This contention, however, cannot be sustained. A fair construction of the complaint leads inevitably to the conclusion that the agreement described in the complaint…
2Cases cited9 opinions
- Bustamente v. StewartCalifornia Supreme Court · 1880
- McAllister v. C. H. ClementCalifornia Supreme Court · 1888
- McConihe v. . the New York and Erie Railroad CompanyNew York Court of Appeals · 1859
- Central Trust Co. v. ClarkCourt of Appeals for the Eighth Circuit · 1899
- Purdy v. . PhilipsNew York Court of Appeals · 1854
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Anderson v. Hilton & Dodge Lumber Co.Supreme Court of Georgia · 1905
- Roberson v. C.P. Allen Constr. Co., Inc.Court of Civil Appeals of Alabama · 2010
- Cook v. Fidelity & Deposit Co. of MarylandCourt of Appeals for the Ninth Circuit · 1909
- Jones v. Vance Shoe Co.Court of Appeals for the Seventh Circuit · 1902
- Hildebrand v. Geneva Mill Co.District Court, M.D. Alabama · 1929
2 more not listed; retrieve them via the Exa API.