O. W. Kerr Co. v. Corry
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Western District of Wisconsin. Action by James P. Corry against the O. W. Kerr Company. Judgment for plaintiff, and defendant brings error.
Read the full summary
In Error to the District Court of the United States for the Western District of Wisconsin. Action by James P. Corry against the O. W. Kerr Company. Judgment for plaintiff, and defendant brings error. Plaintiff in error, termed “defendant” herein, a corporation organized and existing under the laws of the state of Minnesota, claiming to have an option to purchase a large tract of land, approximately 150,000 acres, situate in the province of Saskatchewan, Canada, applied to defendant in error, herein designated as “plaintiff,” to procure a purchaser for said tract of land upon certain terms set…
1Opinion of the CourtKohrsaat, Circuit Judge
(after stating the facts as:above). [1] For plaintiff it is contended that no prejudicial error appears among those assigned.
In Miller & Co. v. Wilkins, decided by this court in October, 1913, 209 Fed. 582, we held that reversal will not.be granted where errors complained of do not injuriously affect the substantial rights of parties.
In Press Pub. Co. v. Monteith, 180 Fed. 356-362, 103 C. C. A. 502, 508, the United States Circuit Court of Appeals for the Second Circuit states the rule as follows, viz.:
“The more rational and enlightened view is that in order to justify k reversal the court…
2Cases cited4 opinions
- Barlow v. FosterWisconsin Supreme Court · 1912
- Albert Miller & Co. v. WilkinsCourt of Appeals for the Seventh Circuit · 1913
- Press Pub. Co. v. MonteithCourt of Appeals for the Second Circuit · 1910
- Security Trust Co. v. RobbCourt of Appeals for the Third Circuit · 1906