Biser v. Bauer
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Western Division of the Southern District of Ohio; John E. Safer, Judge. Suit by Charles R. Bauer against George W. Biser to reform a written contract for the purchase and sale of corporate stock. Judgment for complainant, and defendant appeals. Biser, the appellant, had acquired and was developing a coal mining property near his residence, Berkeley Springs, in West Virginia.
Read the full summary
Appeal from the Circuit Court of the United States for the Western Division of the Southern District of Ohio; John E. Safer, Judge. Suit by Charles R. Bauer against George W. Biser to reform a written contract for the purchase and sale of corporate stock. Judgment for complainant, and defendant appeals. Biser, the appellant, had acquired and was developing a coal mining property near his residence, Berkeley Springs, in West Virginia. He transferred it to a corporation, the Rock Vein Coal Company, and took, in exchange for the property, the entire $200,000 stock issued out of its authorized…
1Opinion of the CourtDenison, Circuit Judge
(after stating- the facts as abdve). It is clear that the vital controversy Is whether Bauer and his associates assumed an absolute or a contingent liability. If it was absolute, and if they were bound to see that Biser received the $5,000, the time of payment and just how their liability was to be worked out are of minor importance; if it was contingent, and they were never to be bound to do anything unless a stock purchaser appeared, then, also, many of the matters discussed lose relative importance. The main and controlling question must be: Was Biser right in assuming, after this…
2Cases cited6 opinions
- Maxwell Land-Grant CaseSupreme Court of the United States · 1887
- Simmons Creek Coal Co. v. DoranSupreme Court of the United States · 1892
- Griswold v. HazardSupreme Court of the United States · 1891
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1871
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bailey v. Lisle Mfg. Co.Court of Appeals for the Eighth Circuit · 1916
- City of Lawrenceburg v. Maryland Casualty Co.Court of Appeals of Tennessee · 1933
- Newport News Shipbuilding & Dry Dock Co. v. IsherwoodCourt of Appeals for the Fourth Circuit · 1925
- Upson Nut Co. v. American Shipbuilding Co.District Court, N.D. Ohio · 1918
- Firemen's Ins. v. BrooksCourt of Appeals for the Sixth Circuit · 1927
2 more not listed; retrieve them via the Exa API.