Saunders v. Short
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the District of Idaho. On the 16th day of March, 1896, the parties to this suit entered into a written contract, by which, in consideration of $4,000 at the time paid by the plaintiff in error to the defendants in error, and in consideration of further payments thereby stipulated for, the defendants in error agreed “to sell and deliver to the said B. P. Saunders eighteen hundred head of steers of the following ages:…
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In Error to the Circuit Court of the United States for the District of Idaho. On the 16th day of March, 1896, the parties to this suit entered into a written contract, by which, in consideration of $4,000 at the time paid by the plaintiff in error to the defendants in error, and in consideration of further payments thereby stipulated for, the defendants in error agreed “to sell and deliver to the said B. P. Saunders eighteen hundred head of steers of the following ages: About nine hundred head yearlings, about nine hundred two year olds, about -three year olds, and about-four year olds, at…
1Opinion of the CourtRoss, Circuit Judge
It is a mistake to say that the complaint is confined to cattle covered by the written contract. That embraced only one and two year old steers. The number contracted for by the written contract was 1,800, consisting of about 900 head of yearlings and 900 head of two year old steers at certain specified prices, and sub*229ject to certain conditions, with a provision that, should the vendors tender more than 1,800, they would'he accepted by the vendee to the number of 2,000 head, at the same prices, and upon similar conditions. But the complaint, in addition to its allegations respecting- the one…
2Cases cited7 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Avery v. . WillsonNew York Court of Appeals · 1880
- Jennings v. LyonsWisconsin Supreme Court · 1876
- Catlin v. . TobiasNew York Court of Appeals · 1863
- Richards v. ShawIllinois Supreme Court · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McDonough v. Evans Marble Co.Court of Appeals for the Sixth Circuit · 1902
- Bankers Life & Casualty Co. v. Bellanca Corp.Court of Appeals for the Seventh Circuit · 1961
- United States ex rel. Hudson River Stone Supply Co. v. MolloyCourt of Appeals for the Second Circuit · 1906
- Bancroft v. HamblyCourt of Appeals for the Ninth Circuit · 1899
- Huber v. Blackwell Lumber Co.Idaho Supreme Court · 1915
4 more not listed; retrieve them via the Exa API.