James v. Darby
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Arkansas. . The defendant in error, Dr. W. J. Darby, while in Coahoma county, Miss., "on other business, ascertained that the plaintiffs in error, Dr. R. R. James and R. P. McGregor, who were defendants in the court below, owned a certain tract of land in that county containing 520 acres, known as the “Crudup Tract,” and that it was for sale.
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In Error to the Circuit Court of the United States for the Eastern District of Arkansas. . The defendant in error, Dr. W. J. Darby, while in Coahoma county, Miss., "on other business, ascertained that the plaintiffs in error, Dr. R. R. James and R. P. McGregor, who were defendants in the court below, owned a certain tract of land in that county containing 520 acres, known as the “Crudup Tract,” and that it was for sale. He thereupon went to Cottonplant, Ark., where the plaintiffs in error resided, to negotiate the purchase of the land. The negotiations resulted in the plaintiffs in error…
1Opinion of the CourtRogers, District Judge
At the trial of the case the court below gave the following instructions:
“(1) Gentlemen of the jury, there is really but one matter for your consideration in this case. Although much testimony has been introduced in regard to the beginning of this transaction, as to an option having been given, the conversations at the time, etc., yet the court tells you that the defendants made an undertaking with the plaintiff that they would and they did sell the plaintiff the land in controversy. There was a contract of sale consummated between those parlies, and the only question for your consideration,…
2Cases cited10 opinions
- Minneapolis & St. Louis Railway v. Columbus Rolling MillSupreme Court of the United States · 1886
- Weaver v. BurrWest Virginia Supreme Court · 1888
- Kelsey v. CrowtherSupreme Court of the United States · 1896
- Sawyer v. BrossartSupreme Court of Iowa · 1885
- Langellier v. SchaeferSupreme Court of Minnesota · 1887
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3Cited by13 opinions
- Madia v. CollinsIllinois Supreme Court · 1951
- Kritz v. MoonIndiana Court of Appeals · 1928
- Washington v. Rosario Mining & Milling Co.Court of Appeals of Texas · 1902
- Jones v. ByrneU.S. Circuit Court for the District of Western Arkansas · 1906
- Sharp v. WestDistrict Court, W.D. Arkansas · 1907
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