Consolidated Arizona Smelting Co. v. Hinchman
Court of Appeals for the First Circuit
Appeal from the District Court of the United States for the District of Maine; Clarence Hale, Judge. Suit by Charles S. Hinchman against the Consolidated Arizona Smelting Company. From a decree (198 Fed. 907) for complainant, defendant appeals.
1DissentAldrich, District Judge
It seems to me that this case discloses a plain equity in the appellee.
The majority opinion proceeds upon the idea that the agreements do not disclose any definite purchase price; that there was no actual agreement or liability beyond the payment of the $10,000 and the $90,000; and that the transaction does not disclose an intention- to bind an interest in the land, or to touch 25 per cent, of the net profits as security for the remaining $900,000.
If the provision, in the agreement of September 15, 1906, which declares that “this agreement shall be binding upon the parties hereto, their…
2Cases cited12 opinions
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Stratton's Independence, Ltd. v. HowbertSupreme Court of the United States · 1913
- Walker v. BrownSupreme Court of the United States · 1897
- Simmons Creek Coal Co. v. DoranSupreme Court of the United States · 1892
- Hewit v. Berlin MacHine WorksSupreme Court of the United States · 1904
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