Thatcher v. Darr
Wyoming Supreme Court
Error to the District Court, Big Horn County; HoN. P. W. Metz, Judge. Action by J. D. Thatcher and others against D. L. Darr to recover damages for the breach of a contract providing for the repurchase of corporate stock by defendant. A demurrer filed to the amended petition was sustained by the trial court and plaintiff electing to stand upon their amended petition, a judgment was rendered dismissing the action. Plaintiffs bring error.
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Error to the District Court, Big Horn County; HoN. P. W. Metz, Judge. Action by J. D. Thatcher and others against D. L. Darr to recover damages for the breach of a contract providing for the repurchase of corporate stock by defendant. A demurrer filed to the amended petition was sustained by the trial court and plaintiff electing to stand upon their amended petition, a judgment was rendered dismissing the action. Plaintiffs bring error. This was an action upon a written contract to which two points were urged in defense; 1st, that the contract was one -to produce evidence and void against…
1Opinion of the CourtPotter, C. J.
In this case a general demurrer was sustained to the amended petition, which had been filed by leave of court after a like demurrer to the original petition had been sustained, and the plaintiffs electing to stand upon their amended petition a judgment was rendered dismissing the action. The case is here on error for the review of that judgment.
The action was brought to recover damages for the alleged failure of the defendant to purchase and pay the agreed price for certain shares of the capital stock of a corporation. The amended petition alleges: That on or about March 14, 1914, the…
2Cases cited27 opinions
- Hobbs v. McLeanSupreme Court of the United States · 1886
- Lyon v. HusseyNew York Supreme Court · 1894
- Wood v. CasserleighSupreme Court of Colorado · 1902
- Smith v. . HartsellSupreme Court of North Carolina · 1908
- Cobb v. CowderySupreme Court of Vermont · 1867
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3Cited by14 opinions
- State Ex Rel. Hopkinson v. District Court, Teton CountyWyoming Supreme Court · 1985
- Leitner v. LonabaughWyoming Supreme Court · 1965
- Goodyear Tire & Rubber Co. v. Overman Cushion Tire Co.Court of Appeals for the Sixth Circuit · 1937
- Guth v. Minnesota Mining & Mfg. Co.Court of Appeals for the Seventh Circuit · 1934
- Mungo v. BennettSupreme Court of South Carolina · 1961
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