Hanson v. Smith
Court of Appeals for the Ninth Circuit
In Error to tbe Circuit Court of tbe United States for tbe Eastern Division of tbe District of Washington. The plaintiff in error brought an action against the defendants in error for damages for breach of an option to purchase certain mining property.
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In Error to tbe Circuit Court of tbe United States for tbe Eastern Division of tbe District of Washington. The plaintiff in error brought an action against the defendants in error for damages for breach of an option to purchase certain mining property. The complaint alleged: That on August 24, 1895, the defendants in the action, in consideration of the sum of $1, gave to the plaintiff therein, under their hands and seals, a written option to purchase a three-fourths interest in the Shylock and the Hamlet mineral claims, situate near Mark creek, in British Columbia, for the sum of $12,000, to…
1Opinion of the CourtGilbert, Circuit Judge
The question of the admissibility of the offered proof of the oral contract of sale to Schlesinger was one which rested in the sound discretion of the trial court, and we discover no ground for holding that,discretion was abused. The plaintiff had filed a complaint in *962which it was stated that the wrongful conduct of the defendants in declaring the option forfeited was the cause of his failure to make an advantageous sale of the property. The defendants had the right to require that he specify the purchaser, and the date and the terms of the sale, and the court so ordered. After many months of…
2Cited by1 opinion
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