Legal Opinion

Moody v. Kell

Court of Appeals for the Eighth Circuit

Decided July 31, 1916No. 4610Published

In Error to the District Court of the United States for the Western District of Oklahoma; John H. Cotteral, Judge. Action at law by Frank Kell against R. A. Moody. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

ADAMS, Circuit Judge.

Kell, the defendant in error, brought this suit in the District Court of the United States for the Western District of Oklahoma to recover from Moody, the plaintiff in error, the sum of $12,525 alleged to be due to him on a certain contract, dated September 12, 1911, of the following tenor:

“Whereas, on the 29th. day of August, 1911, I became the possessor by assignment of contract for deed with Harriett Nesbitt and R. T. Nesbitt for the southwest quarter of section twenty-two (22) in township twenty-six (26) north of range twenty-five (25) W. I. M., in Harper county,…

2Cases cited2 opinions

  1. Woodstock Iron Co. v. Richmond & Danville Extension Co.Supreme Court of the United States · 1889
  2. Enid Right of Way & Townsite Co. v. LileSupreme Court of Oklahoma · 1905

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