Williams v. Renza
District Court, D. Alaska
This is an action to declare a trust in real estate and for an accounting. The plaintiff alleges, among other things, that in December, 1908, William Barclay, J. E. Barrack, and T. H. Kelly were owners of an undivided one-seventh interest in the Owl association placer mining claim, consisting of about 140 acres, more or less, situate on Engineer creek, in the Fairbanks recording district, district of Alaska; that the defendant John Renza entered into a verbal agreement with…
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This is an action to declare a trust in real estate and for an accounting. The plaintiff alleges, among other things, that in December, 1908, William Barclay, J. E. Barrack, and T. H. Kelly were owners of an undivided one-seventh interest in the Owl association placer mining claim, consisting of about 140 acres, more or less, situate on Engineer creek, in the Fairbanks recording district, district of Alaska; that the defendant John Renza entered into a verbal agreement with the plaintiff, during the month of November, 1908, whereby the said Renza agreed to purchase the said undivided…
1Opinion of the Court
LYONS, District Judge.
The first serious question to be considered is: For whom did Renza purchase the property? Did he purchase the same for himself or as agent for Williams, and, if he purchased it for Williams, is his oral contract with Williams such a contract as the court can enforce, or is it void or nonenforceable under the statute of frauds? Second. If such a contract were enforceable, is the evidence such as to warrant the court in finding that such an agreement was entered into between Williams and Renza?
The plaintiff contends that the contract upon which he seeks to recover is not…
2Cases cited18 opinions
- Taylor v. LongworthSupreme Court of the United States · 1840
- Purcell v. MinerSupreme Court of the United States · 1867
- Frink v. ThomasOregon Supreme Court · 1891
- Dunphy v. RyanSupreme Court of the United States · 1886
- Neil v. KeeseTexas Supreme Court · 1849
13 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Suburban Imp. Co. v. Scott Lumber Co.Court of Appeals for the Fourth Circuit · 1932
- Oleson v. BergwellSupreme Court of Minnesota · 1939