Gould & Curry Mining Co. v. Douglass
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the District of Nevada; E. S. Farrington, Judge. Action by W. G. Douglass against the Gould & Curry Mining Company, in which the defendant sought to recover certain accrued rentals, and plaintiff by reply sought specific performance of an alleged contract for the sale of realty. From a judgment for plaintiff on his original cause of action, after the court withdrew the counterclaims from the jury, defendant brings error.
1Opinion of the Court
HUNT, Circuit Judge.
Writ of error is to review a judgment in favor of Douglass against the Gould & Curry Mining Company. Douglass sued for money due for services rendered under an express contract. The mining company denied the indebtedness, and pleaded destruction by plaintiff of certain property belonging to the mining company, and by way of counterclaim alleged damages due to a fire alleged to have occurred through the negligence of Douglass. Counterclaim was also made for the value of certain lumber removed by Douglass, and by cross-complaint the mining company alleged that Douglass owed…
2Cases cited2 opinions
- Allis v. United StatesSupreme Court of the United States · 1894
- Kesterson v. La Moine Lumber & Trading Co.Court of Appeals for the Ninth Circuit · 1912
3Cited by2 opinions
- McCuing v. BovayCourt of Appeals for the Eighth Circuit · 1932
- Landsberg v. San Francisco & P. S. S. Co.Court of Appeals for the Ninth Circuit · 1923