Ophir Consol. Mines Co. v. Brynteson
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern District of Wisconsin. The defendant in error, John Brynteson, was the plaintiff below (hereinafter referred to as plaintiff), in an action against the Ophir Consolidated Mines Company and J. O. Buckley, plaintiffs in error (hereinafter referred to as defendants), to recover the purchase price of stock in the defendant corporation and interest thereon, pursuant to express contract of “sale or return.”
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In Error to the Circuit Court of the United States for the Eastern District of Wisconsin. The defendant in error, John Brynteson, was the plaintiff below (hereinafter referred to as plaintiff), in an action against the Ophir Consolidated Mines Company and J. O. Buckley, plaintiffs in error (hereinafter referred to as defendants), to recover the purchase price of stock in the defendant corporation and interest thereon, pursuant to express contract of “sale or return.” Upon the trial before a jury, verdict was entered against the defendants, by direction of the court, and this writ of error /is…
1Opinion of the Court
SEAMAN, Circuit Judge.
The meaning of the agreement in suit is unquestionable. It distinctly provides that the purchaser may, within the stipulated period, return the stock, and thus avoid the sale, and recover the purchase money with interest, if “not satisfied with aforesaid investment.” So the verdict was rightly directed in favor of the plaintiff below, if that agreement was binding upon the defendants. The assignments of error rest upon these propositions: (1) That the contract for return of the stock is void for want of consideration; (2) that it is ultra vires the corporation; (3) that…
2Cases cited5 opinions
- Sturm v. BokerSupreme Court of the United States · 1893
- Fire Ins. Assn., Ltd. v. WickhamSupreme Court of the United States · 1891
- Vent v. Duluth Coffee & Spice Co.Supreme Court of Minnesota · 1896
- Palmer v. YagerWisconsin Supreme Court · 1865
- Tolman v. New MexicoSupreme Court Of The Territory Of Dakota · 1885
3Cited by18 opinions
- Schulte v. Boulevard Gardens Land Co.California Supreme Court · 1913
- Kom v. Cody Detective Agency, Inc.Washington Supreme Court · 1913
- In re Tichenor-Grand Co.District Court, S.D. New York · 1913
- Lyons v. SniderSupreme Court of Minnesota · 1917
- Oklahoma Natural Gas Corp. v. DouglasSupreme Court of Oklahoma · 1934
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