Scholtz v. Northwestern Mut. Life Ins.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. This action was brought by the Northwestern Mutual Life Insurance Company, the defendant in error, against Edmund L. Scholtz, the plaintiff in error, and William H. Hunter, to recover damages for the alleged breach of an executory agreement to enter into a lease.
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In Error to the Circuit Court of the United States for the District of Colorado. This action was brought by the Northwestern Mutual Life Insurance Company, the defendant in error, against Edmund L. Scholtz, the plaintiff in error, and William H. Hunter, to recover damages for the alleged breach of an executory agreement to enter into a lease. The contract sued upon was as follows: “This agreement, by and between the Northwestern Mutual Life Insurance Company, by Samuel 0. Adams, agent, of the first part, and E. L. Scholtz ■and W. H. Hunter, parties of the second part, witnesseth, that the…
1Opinion of the CourtThayer, Circuit Judge
The principal contention of the plaintiff in error, who was a defendant below, is that the agreement above recited does not show that the minds of the contracting parties had met as to all the terms of the lease, and that the agreement is for that reason insufficient to satisfy the statute of frauds. This contention is based entirely on the ground that the agreement contains the clause, “Said lease to be in the usual form in use in the city of Denver,” and the-further clause, “Said second parties are to have the right to make such alterations and repairs in said building as they see ñt, —…
2Cases cited4 opinions
- Mayer v. . McCreeryNew York Court of Appeals · 1890
- Cochrane v. Justice Mining Co.Supreme Court of Colorado · 1891
- Law v. PembertonNew York Court of Common Pleas · 1894
- Nasanowitz v. HaneAppellate Terms of the Supreme Court of New York · 1896
3Cited by15 opinions
- Spivey v. Saner-Ragley Lumber Co.Texas Commission of Appeals · 1926
- Baker v. BakerCourt of Appeals of Texas · 1947
- City & County of Denver v. BowenSupreme Court of Colorado · 1919
- Hotel Woodward Co. v. Ford Motor Co.Court of Appeals for the Second Circuit · 1919
- Bechmann v. TaylorSupreme Court of Colorado · 1926
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