Colorado Springs Co. v. American Pub. Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. This action is founded upon three contracts between the American Publishing Company, the defendant in error, hereafter termed the “Publishing Company,” and the Colorádo Springs Company, the plaintiff in error, hereafter termed the “Springs Company.”
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In Error to the Circuit Court of the United States for the District of Colorado. This action is founded upon three contracts between the American Publishing Company, the defendant in error, hereafter termed the “Publishing Company,” and the Colorádo Springs Company, the plaintiff in error, hereafter termed the “Springs Company.” In the lower court the position of the parties was reversed, the suit having been brought by tbe Publishing Company as plaintiff against the Springs Company as defendant to recover damages for an alleged failure of tbe Springs Company to keep and perform the aforesaid…
1Opinion of the CourtThayer, Circuit Judge
The first error assigned to winch our attention is invited is the refusal of the trial court to give a peremptory instruction at the close of all the testimony, instructing the jury to return a verdict in favor of the Colorado Springs Company, which was the defendant below. It is argued at great length that this instruction should have been given — First, because the contracts sued upon were each and all beyond the corporate powers of the defendant company; and, second, if they were not in excess of its corporate powers, that the contracts were not executed in behalf of the defendant company…
2Cases cited4 opinions
- Union Pac. Ry. Co. v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1892
- Union Gold Mining Co. v. Rocky Mountain National BankSupreme Court of Colorado · 1875
- Tod v. Kentucky Union Land Co.U.S. Circuit Court for the District of Kentucky · 1893
- Chicago, R. I. & P. Ry. Co. v. Union Pac. Ry. Co.U.S. Circuit Court for the District of Nebraska · 1891
3Cited by11 opinions
- Heinz v. National Bank of CommerceCourt of Appeals for the Eighth Circuit · 1916
- Wootton Land & Fuel Co. v. OwnbeyCourt of Appeals for the Eighth Circuit · 1920
- Jackson Lumber Co. v. TrammellSupreme Court of Alabama · 1917
- Chesapeake & O. R. v. McKellCourt of Appeals for the Sixth Circuit · 1913
- Wisconsin & Arkansas Lumber Co. v. DayCourt of Appeals for the Eighth Circuit · 1929
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