Wardell v. Union Pac. R.
U.S. Circuit Court for the District of Nebraska
This case is submitted to the court for final decree, on the bill and amended bill, the answers, replication, and evidence. The allegations of the plaintiff’s bill, about which there is really no dispute, are that, on or about the 16th day of July, 1868, he and Cyrus O. God-frey entered into a contract, in writing, with the Union Pacific Railroad Company, concerning the mining of coal in the lands of that company.
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This case is submitted to the court for final decree, on the bill and amended bill, the answers, replication, and evidence. The allegations of the plaintiff’s bill, about which there is really no dispute, are that, on or about the 16th day of July, 1868, he and Cyrus O. God-frey entered into a contract, in writing, with the Union Pacific Railroad Company, concerning the mining of coal in the lands of that company. This contract is made an exhibit of the bill, and reads as follows: “This agreement, made this 16th day of July, in the year of our Ixa'd one thousand eight hundred and sixty-eight,…
1Opinion of the Court
MILLER, Circuit Justice.
This cause has been submitted for final decree on the pleadings and proofs. We have been aided by a full oral argument, which has been reproduced in print.
1. The first and most important inquiry is, whether the charge of fraud upon the Union Pacific Railroad Company (the principal defendant! ni the inception of the contract of the 10th of July, 1SGS, is sustained by the proof.
After the fullest examination of the testimony, and the maturest consideration of the very fully printed arguments submitted to me during the summer vacation, I have reluctantly arrived at the…
2Cited by6 opinions
- United States v. Union Pacific R. Co.Supreme Court of the United States · 1879
- Higgins v. LansinghIllinois Supreme Court · 1895
- Bill v. Western Union Tel. Co.U.S. Circuit Court for the District of Southern New York · 1883
- Cook v. ShermanUnited States Circuit Court · 1882
- Jackson v. McLeanU.S. Circuit Court for the District of Eastern Missouri · 1888
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