Legal Opinion

Guss v. Nelson

Supreme Court of the United States

Decided January 15, 1906No. 124PublishedCited by 17 opinions

APPEAL FROM, AND IN ERROR TO, THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA. On May 28, 1900, at Guthrie, Oklahoma Territory, the parties to this action entered into the following contract: “Memorandum of agreement-made and entered into this 28th day of May, 1900, to wit, as follows: J. T. Nelson agrees on his part to turn over 25 per cent of the capital stock of the following coal companies located in the Creek Nation, to wit: Sapulpá, Choctaw, Catoosa, Wewoka, Red Fork,…

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APPEAL FROM, AND IN ERROR TO, THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA. On May 28, 1900, at Guthrie, Oklahoma Territory, the parties to this action entered into the following contract: “Memorandum of agreement-made and entered into this 28th day of May, 1900, to wit, as follows: J. T. Nelson agrees on his part to turn over 25 per cent of the capital stock of the following coal companies located in the Creek Nation, to wit: Sapulpá, Choctaw, Catoosa, Wewoka, Red Fork, Neyaka, Concharty, Tulsa, Car Creek and Broken Arrow Mining Companies, to the following persons: U. C. Guss, W. H. Gray,…

1Opinion of the CourtJustice Brewer

The appeal must be dismissed. Oklahoma City v. McMaster, 196 U. S. 529.

Considering the writ of error, we remark that no rulings were made in respect to the admission or rejection of testimony presenting anything worthy of consideration. No special findings of fact were made by either the- District or Supreme Court, the former finding generally the'issues in favor of the plaintiff and renderirig judgment upon s’úch general finding, and the latter, merely discussing the right of recovery upon the pleadings and such general finding:

Plaintiffs in error contend that this is a mere option contract,…

2Cases cited3 opinions

  1. Sturm v. BokerSupreme Court of the United States · 1893
  2. Oklahoma City v. McMasterSupreme Court of the United States · 1905
  3. Haskins v. DernUtah Supreme Court · 1899

3Cited by17 opinions

  1. Hulen v. StuartCalifornia Supreme Court · 1923
  2. National Live Stock Bank v. First National BankSupreme Court of the United States · 1906
  3. Jacksonville Paper Co. v. Smith & Winchester Manufacturing Co.Supreme Court of Florida · 1941
  4. In Re KleinCourt of Appeals for the Second Circuit · 1924
  5. Smith v. CarlstonCalifornia Supreme Court · 1928

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