Berg v. Erickson
Court of Appeals for the Eighth Circuit
Appeal from and in Error to the District Court of the United States for the District of Kansas; John C. Pollock, Judge. Action by J. C. Berg against John Erickson. Judgment for defendant, and plaintiff brings error. Suit in equity by John Erickson against J. C. Berg. From a decree for complainant, respondent appeals.
1Opinion of the Court
SANBORN, Circuit Judge.
John Erickson, a resident of Kansas, made a written contract with J. C. Berg, a resident of St. Francis, Texas, on April 16, 1913, to pasture for him 1,000 steers and to “furnish plenty of good grass, water, and salt during the grazing season of 1913” to them for $7 per head, which Berg agreed to pay. Erickson furnished the grass, water, and salt to them during May and June, but the most severe drought which had been known in that part of *819Kansas subsequently prevailed, and on account of that drought it was impossible for Erickson to furnish, and he failed to furnish,…
2Cases cited34 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- Jacksonville, Mayport, Pablo Railway & Navigation Co. v. HooperSupreme Court of the United States · 1896
- Thorington v. SmithSupreme Court of the United States · 1869
- Dexter v. . NortonNew York Court of Appeals · 1871
- Jones v. United StatesSupreme Court of the United States · 1878
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3Cited by36 opinions
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- The PoznanDistrict Court, S.D. New York · 1921
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- Kintner v. WolfeArizona Supreme Court · 1967
- Sunflower Electric Cooperative, Inc. v. Tomlinson Oil Co.Court of Appeals of Kansas · 1981
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