Rust Land & Lumber Co. v. Wheeler
Court of Appeals for the Eighth Circuit
Appeal from, the Circuit Court of the United States for the Eastern District of Arkansas. Suit in equity by the Rust Land & Dumber Compaq against J. W. Whe'eler, H.' B. Wheeler, D. C. Wheeler, and C. B. Paul, doing business as copartners under the name of J. W. Wheeler & Co. Decree for defendants, and complainant appeals.
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Appeal from, the Circuit Court of the United States for the Eastern District of Arkansas. Suit in equity by the Rust Land & Dumber Compaq against J. W. Whe'eler, H.' B. Wheeler, D. C. Wheeler, and C. B. Paul, doing business as copartners under the name of J. W. Wheeler & Co. Decree for defendants, and complainant appeals. This suit is by the appellant, the Bust Land & Lumber Company, a Wisconsin corporation, which will he. called the Land Company, to recover o'f the appellees as copartners, $6,000 and 6! per-cent, interest thereon from May 9, 1905; upon their promissory note for that, amount…
1Opinion of the CourtReed, District Judge
(after stating.the facts as above). The assignments of error urged in the brief of appellant’s counsel are that appellant’s warranty in the contract of May 9th is void; or, if it is not, that the court erred in holding the decree of the state court in the Foote suit to be conclusive upon the appellant; and in the amount of damage it awarded defendants for the alleged breach of said warranty.
[1] The contention of the appellant that its agreement of warranty is void and of no effect rests upon the ground that a covenant of warranty in a conveyance of real or personal property is no (part of the…
2Cases cited26 opinions
- Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
- Lovejoy v. MurraySupreme Court of the United States · 1866
- Dowell v. ApplegateSupreme Court of the United States · 1894
- United States v. California & Oregon Land Co.Supreme Court of the United States · 1893
- Moelle v. SherwoodSupreme Court of the United States · 1893
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- Benjamin v. United StatesDistrict Court, S.D. New York · 1950
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