Legal Opinion

City of Plankinton v. Gray

Court of Appeals for the Eighth Circuit

Decided September 10, 1894No. 392PublishedCited by 9 opinions

In Error to the Circuit Court of tbe United States for the District of South Dakota.* Action by Frank M. Cray and another, partners as Cray Bros., against the city of Plankinton, on a contract. Judgment for plaintiffs. Defendant brings error.

1Opinion of the Court

CALDWELL, Circuit Judge.

Tins action was instituted in tlie territorial court of Dakota, and transferred to the circuit court of the United States for the district of South Dakota upon the admission of that state into the Union. The action is founded on a contract entered into between Cray Bros., the defendants in error, and the town (now the city) of Plankinton, the plaintiff in error, whereby the former agreed, for a consideration named in tlie contract, to be paid by the town, to bore, within the corporate limits of the town, an artesian well for the purpose of furnishing water to the town…

2Cases cited20 opinions

  1. STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
  2. Laithe v. McDonaldSupreme Court of Kansas · 1871
  3. Gulf, C. & S. F. R. Co. v. WashingtonCourt of Appeals for the Eighth Circuit · 1892
  4. Evans v. GeeSupreme Court of the United States · 1837
  5. Campbell v. WilcoxSupreme Court of the United States · 1871

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3Cited by9 opinions

  1. In re First Nat. Bank of Belle FourcheCourt of Appeals for the Eighth Circuit · 1907
  2. Grover Irrigation & Land Co. v. Lovella Ditch, Reservoir & Irrigation Co.Wyoming Supreme Court · 1913
  3. Board of Com'rs v. SherwoodCourt of Appeals for the Eighth Circuit · 1894
  4. United States Mut. Acc. Ass'n v. RobinsonCourt of Appeals for the Eighth Circuit · 1896
  5. Railway Officials' & Employes' Acc. Ass'n v. WilsonCourt of Appeals for the Eighth Circuit · 1900

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