Legal Opinion

Hafemann v. Gross

Supreme Court of the United States

Decided November 27, 1905No. 64PublishedCited by 20 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF MINNESOTA. By the admissions in the pleadings in this case, on December 1,1890, the defendants in error, together with one Edmund F. Gross, as parties of the first part, entered into a contract with the plaintiff in error, which stipulated: “That for and in consideration of the covenants hereinafter mentioned, the parties of the first part agree to pay one-fourth of all expenses accruing to the party of the second part in making…

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ERROR TO THE SUPREME COURT OF THE STATE OF MINNESOTA. By the admissions in the pleadings in this case, on December 1,1890, the defendants in error, together with one Edmund F. Gross, as parties of the first part, entered into a contract with the plaintiff in error, which stipulated: “That for and in consideration of the covenants hereinafter mentioned, the parties of the first part agree to pay one-fourth of all expenses accruing to the party of the second part in making final proof to S.W. i of the N.W. the N. I of the S.W. i, and the S.W.} of the S.W. £ of sec. 14, all in township 58, north…

1Opinion of the CourtJustice Brewer

The case turns upon the construction of the contract and its alleged conflict with section 2262, Rev. Stat., the pertinent part of which is'

“Before any person claiming the benefit of this chapter is allowed to enter lands, he shall make oath before the receiver or register of the land district in which the land is situated. . . . That he has not settled upon and improved such land to sell the same on speculation, but in good faith to appropriate it to his own exclusive use; and that he has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person…

2Cases cited2 opinions

  1. Anderson v. CarkinsSupreme Court of the United States · 1890
  2. Fuller & Co. v. HuntSupreme Court of Iowa · 1878

3Cited by20 opinions

  1. Morris v. St. John National BankCourt of Appeals for the Tenth Circuit · 2008
  2. Bashore v. AdolfIdaho Supreme Court · 1925
  3. United States Ex Rel. Mezei v. Shaughnessy, District Director, Immigration and NaturalizationCourt of Appeals for the Second Circuit · 1952
  4. Osborn v. HoytCalifornia Supreme Court · 1919
  5. Moore v. TillmanSupreme Court of Arkansas · 1926

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