Legal Opinion

Lilienthal v. Cartwright

Court of Appeals for the Ninth Circuit

Decided October 18, 1909No. 1,664PublishedCited by 2 opinions

In Error to the Circuit Court of the United States for the District of Oregon. Action by Albert Eilienthal and Philip N. Rilienthal, partners as Lilienthal Bros., against J. R. Cartwright. Judgment for defendant, and plaintiffs bring error.

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In Error to the Circuit Court of the United States for the District of Oregon. Action by Albert Eilienthal and Philip N. Rilienthal, partners as Lilienthal Bros., against J. R. Cartwright. Judgment for defendant, and plaintiffs bring error. On March 7, 1902, the plaintiffs in error, who were plaintiffs in the court below, entered into two contracts with the defendant in error, defendant in the court below, by the terms of which the latter agreed to complete the cultivation of about 35 acres of land In Harrisburg, Or., and harvest, cure, and bale the hops grown thereon for the two years of…

1Opinion of the CourtMorrow, Circuit Judge

(after stating the facts as above). The errors assigned may be reduced to two questions — the first relating to the admission of evidence tending to prove a statement alleged to have been made by the agent of the plaintiffs to the defendant in December, 1900, at the time of making prior contracts for the sale of hops, to the effect that the contract (referring to the original contract) would be void or at an end if the defendant sold the land; and, second, relating to the admission of evidence tending to prove statements alleged to-have been made by the same agent of the plaintiffs to the…

2Cases cited7 opinions

  1. Dickerson v. ColgroveSupreme Court of the United States · 1880
  2. Fire Ins. Assn., Ltd. v. WickhamSupreme Court of the United States · 1891
  3. McElroy v. British America Assur. Co. of TorontoCourt of Appeals for the Ninth Circuit · 1899
  4. Truesdail v. WardMichigan Supreme Court · 1871
  5. North American Transportation & Trading Co. v. SamuelsCourt of Appeals for the Ninth Circuit · 1906

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3Cited by2 opinions

  1. Pennsylvania Steel Co. v. New York City Ry. Co.Court of Appeals for the Second Circuit · 1912
  2. Miller v. Spring Garden Ins.Court of Appeals for the Ninth Circuit · 1913

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