Thomas J. Baird Inv. Co. v. Harris
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Western District of Oklahoma; John H. Cotteral, Judge. Action at law by ,the Thomas J. Baird Investment Company against D. W. Harris. Judgment for defendant, and plaintiff brings error.
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In Error to the District Court of the United States for the Western District of Oklahoma; John H. Cotteral, Judge. Action at law by ,the Thomas J. Baird Investment Company against D. W. Harris. Judgment for defendant, and plaintiff brings error. Plaintiff in error brought this suit below to recover damages laid at $11,-076.95 for breach of contract for the sale to defendant in error of certain real estate located in Nelson county, N. D. The petition declared upon a contract consisting of a writing called an “earnest money contract of sale,” dated October 11, 1908, supplemented by oral…
1Opinion of the CourtVan Valkenburgh, District Judge
(after stating the facts as above). [1] As this is a contract for the sale of and affecting the title to real estate, its validity must be determined by the law of the state in which the land is situated. Clark v. Graham, 6 Wheat. 577, 5 L. Ed. 334; Caldwell v. Carrington, 9 Pet. 86, 9 L. Ed. 60. Particularly is this true, since, as we shall see, the statute relied on affects the validity of the contract and not the remedy New York Third National Bank v. Steel, 129 Mich. 434, 88 N. W. 1050, 64 L. R. A. 119. The statutes of North Dakota and Oklahoma are identical. The suit was brought in…
2Cases cited15 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Beckwith v. TalbotSupreme Court of the United States · 1877
- Clark v. GrahamSupreme Court of the United States · 1821
- Townsend v. HargravesMassachusetts Supreme Judicial Court · 1875
- May v. SloanSupreme Court of the United States · 1879
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3Cited by17 opinions
- Hotel Woodward Co. v. Ford Motor Co.Court of Appeals for the Second Circuit · 1919
- Shenners v. AdamsSupreme Court of Oklahoma · 1915
- Portner v. TannerWyoming Supreme Court · 1923
- Washington County Abstract Company v. HarrisSupreme Court of Oklahoma · 1915
- City of Ardmore v. SayreSupreme Court of Oklahoma · 1915
12 more not listed; retrieve them via the Exa API.