Malone v. Hastings
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Western District of Texas. Action .by W. D. Malone against H. G. Hastings and another. Judgment for defendants, and plaintiff brings error. This was a suit brought by the plaintiff in error, who was a-resident of Hays county, Tex., against the defendants in error, .who were residents of Atlanta, Ga., in a state court.
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In Error to the Circuit Court of the United States for the Western District of Texas. Action .by W. D. Malone against H. G. Hastings and another. Judgment for defendants, and plaintiff brings error. This was a suit brought by the plaintiff in error, who was a-resident of Hays county, Tex., against the defendants in error, .who were residents of Atlanta, Ga., in a state court. Personal service was obtained on the defendant H. G. Hastings in Texas, The case was removed by the defendants in error to the Circuit Court of the United States for the Western District of Texas. In that court an…
1Opinion of the CourtGrubb, District Judge
(after stating the facts as above). The effect of the general demurrer is to assert that the petition does not set out a cause of action, because (1) it failed to aver facts which show that a warranty, express or implied, accompanied the sale; and (2) it claimed no damages other than those based on the possible value at maturity of a planted, but not matured, crop, and damages of this kind are too speculative and uncertain for allowance.
[ 1 ] 1. The contention of the defendants in error upon the first point is that the only obligation resting on the defendants, according to the averments of…
2Cases cited13 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- White v. . MillerNew York Court of Appeals · 1877
- Passinger v. . ThorburnNew York Court of Appeals · 1866
- Bell v. ReynoldsSupreme Court of Alabama · 1885
- Wilkinson v. KetlerSupreme Court of Alabama · 1877
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Fred I. Putnam and James A. Overman v. Harry C. Lower, John Kadlec, George S. Herning, Edgar L. Peecher, William E. Barquist and Norman L. BunkerCourt of Appeals for the Ninth Circuit · 1956
- Gledhill v. StateNebraska Supreme Court · 1932
- Manhattan Oil Co. v. MosbyCourt of Appeals for the Eighth Circuit · 1934
- Smith v. Fergus CountyMontana Supreme Court · 1934
- Blackburn v. Carlson Seed CompanyMissouri Court of Appeals · 1959
3 more not listed; retrieve them via the Exa API.