Davis & Rankin Bldg. & Manuf'g Co. v. Jones
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Nebraska. This action was brought by the Davis & Rankin Building & Manufacturing Company, the plaintiff in error, against J. T. Jones and numerous other defendants, the defendants in error, to recover damages for nonperformance by the defendants of a contract for the erection of a butter and cheese factory at or near Tecumseh, Neb. The material portions of the contract were as follows: “Form Two.
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In Error to the Circuit Court of the United States for the District of Nebraska. This action was brought by the Davis & Rankin Building & Manufacturing Company, the plaintiff in error, against J. T. Jones and numerous other defendants, the defendants in error, to recover damages for nonperformance by the defendants of a contract for the erection of a butter and cheese factory at or near Tecumseh, Neb. The material portions of the contract were as follows: “Form Two. “Contract and Specifications for a Combined Butter and Cheese Factory on the Co-operative and Farmers’ Protective System. “The…
1Opinion of the CourtThayer, Circuit Judge
The only question arising in this case that we have found it necessary to consider is whether the contract on which the suit was founded imposed a joint or a several liability, so far as the parties of the second part were concerned. If it is a several contract, — that is to say, if the various subscribers only bound themselves to pay for the erection of the butter and cheese factory in question the sums set opposite their respective names, — then the circuit court of the United States had no jurisdiction of the case, the amount in controversy being less than $2,000, and the action should…
2Cases cited6 opinions
- Gibbons v. GrinselWisconsin Supreme Court · 1891
- Davis v. BelfordMichigan Supreme Court · 1888
- Frost v. WilliamsSouth Dakota Supreme Court · 1892
- Davis & Rankin Building & Manufacturing Co. v. Hillsboro Creamery Co.Indiana Court of Appeals · 1894
- Davis v. ShaferU.S. Circuit Court for the District of Western Missouri · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Fidelity & Casualty Co. v. LowensteinCourt of Appeals for the Eighth Circuit · 1899
- Lowenstein v. Fidelity & Casualty Co. of New YorkU.S. Circuit Court for the District of Western Missouri · 1898
- Bradley, Alderson & Co. v. McAfeeDistrict Court, W.D. Missouri · 1906
- Jones v. Hawkeye Commercial Men's Ass'nSupreme Court of Iowa · 1918