Noyes v. Barnard
Court of Appeals for the Ninth Circuit
Error to the Circuit Court for the Northern District of California. This was an action by J. E. Barnard against Henry T. Noyes and John S. Noyes.
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Error to the Circuit Court for the Northern District of California. This was an action by J. E. Barnard against Henry T. Noyes and John S. Noyes. The complaint, sworn to and filed May 22, 1891, alleged that on June 5, 1882, defendants and Delevan F. Clark and M. P. Filmore entered into an agreement with plaintiff and one Charles G. Noyes whereby the latter agreed to purchase for the former certain redwood timber lands, and to receive therefor 15 per cent of the net profits to be derived from the sale of such lands or from stumpage, after adding to the sum of money expended in the purchase…
1Opinion of the Court
KNOWLES, District Judge.
The defendant in error in this case, with one Charles H. Noyes, entered into a contract with the plaintiffs in error and Delevan F. Clark and M. P. Filmore to act for them in purchasing certain redwood timber land on the Van Duzen river, in Humboldt county, state of California. The defendant in error and said Charles (1. Noyes were to receive for their services 15 per cent, of the net profits to he derived from the sale of the said lands, or from stumpage, after adding to the sum of money expended in the purchase thereof the annual state, county, or other government…
2Cases cited11 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Barney v. Baltimore CitySupreme Court of the United States · 1868
- Nunez v. DautelSupreme Court of the United States · 1874
- Grain v. AldrichCalifornia Supreme Court · 1869
- Agard v. ValenciaCalifornia Supreme Court · 1870
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3Cited by3 opinions
- Kauffman v. BaillieWashington Supreme Court · 1907
- McGary v. CampbellCourt of Appeals of Texas · 1922
- In re John B. Rose Co.Court of Appeals for the Second Circuit · 1921