Kilham v. Wilson
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Colorado. This action was instituted by William S. Everett, the surviving partner of a firm consisting of himself and one Robinson, and afterwards upon the death of Everett was revived in the name of Fred O. Kilham, administrator of his estate, who is the appellant herein, against William J. Wilson, the appellee.
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Appeal from the Circuit Court of the United States for the District of Colorado. This action was instituted by William S. Everett, the surviving partner of a firm consisting of himself and one Robinson, and afterwards upon the death of Everett was revived in the name of Fred O. Kilham, administrator of his estate, who is the appellant herein, against William J. Wilson, the appellee. The purpose was to charge Wilson with a trust in favor of the estates of Everett and Robinson as to certain lands, live stock, and personal property described in the bill, and to secure an accounting with respect…
1Opinion of the CourtAdams, District Judge
The bill of complaint in this case is very lengthy, and contains a variety and great prolixity of averments; but when analyzed it is found to state a cause of action founded on a contract by which th© defendant agreed to employ the complainant’s intestates to make sale of a ranch belonging to him, and agreed to pay them (besides a certain fixed commis’sion, not now in controversy) a contingent compensation of whatever they might secure for defendant in excess of the sum of $225,000; and to assert a claim that they are .entitled by virtue of their contract to $50,000 as their contingent…
2Cases cited11 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Wiggins Ferry Co. v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1892
- Kendall v. StokesSupreme Court of the United States · 1845
- Board of Com'rs v. PlattCourt of Appeals for the Eighth Circuit · 1897
- Baird v. United StatesSupreme Court of the United States · 1878
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3Cited by1 opinion
- Innes v. Bogan, Gaines & Co.Supreme Court of Colorado · 1907