Legal Opinion

Dotson v. Milliken

Court of Appeals for the D.C. Circuit

Decided May 1, 1906No. 1642PublishedCited by 13 opinions

Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia upon the verdict of a jury in an action in assumpsit. Tbe Court in tbe opinion stated tbe facts as follows: This is an appeal from a judgment for $25,000 rendered in an action of assumpsit.

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Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia upon the verdict of a jury in an action in assumpsit. Tbe Court in tbe opinion stated tbe facts as follows: This is an appeal from a judgment for $25,000 rendered in an action of assumpsit. Tbe declaration of the plaintiff, William H. IVIilliken, alleged tbe following facts substantially: In April, 1902, tbe defendant, Napoleon B. Dotson, represented to plaintiff that he owned and controlled 124,000 acres of coal lands situated in Letcher and Harlan counties, in the State of Kentucky; that…

1Opinion of the CourtChief Justice Shepard

1. The first assignment of error is founded on exceptions to the following instruction given to the jury at the request of the plaintiff:

*512“If the jury believe from the evidence that the defendant, on or about the 30th day of April, 1902, represented to the plaintiff that he, the defendant, was desirous of securing a purchaser for either the whole or any considerable quantity of the Harlan county coal lands at the price of $20 per acre; that he had obtained from the Southern Eailway Company its consent or agreement to construct a branch railroad into the said coal lands; and that he would pay…

2Cases cited19 opinions

  1. Wofford v. McKinnaTexas Supreme Court · 1859
  2. Fitzpatrick v. GilsonMassachusetts Supreme Judicial Court · 1900
  3. McGavock v. WoodliefSupreme Court of the United States · 1858
  4. Kock v. EmmerlingSupreme Court of the United States · 1860
  5. McFarland v. LillardIndiana Court of Appeals · 1891

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3Cited by13 opinions

  1. Shaffer v. BergerDistrict of Columbia Court of Appeals · 1951
  2. Weltman's, Inc. v. FriedmanDistrict Court, District of Columbia · 1952
  3. Pastor v. CaneDistrict of Columbia Court of Appeals · 1957
  4. Pastor v. WilliamsDistrict of Columbia Court of Appeals · 1957
  5. Moore v. BurkeDistrict of Columbia Court of Appeals · 1946

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