Marks v. Gates
District Court, D. Alaska
This is a suit in equity, seeking specific performance of the following contract: “This agreement, made and entered into this 27th day of April, 1903, by and between William C. Gates, of Seattle, state of Washington, the party of the first part, and Isaac L. Marks, of the city and county of San Francisco, state of California, the party of the second part, witnesseth: That the said William C. Gates, for and in consideration of one dollar (1) to him in hand paid, the receipt…
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This is a suit in equity, seeking specific performance of the following contract: “This agreement, made and entered into this 27th day of April, 1903, by and between William C. Gates, of Seattle, state of Washington, the party of the first part, and Isaac L. Marks, of the city and county of San Francisco, state of California, the party of the second part, witnesseth: That the said William C. Gates, for and in consideration of one dollar (1) to him in hand paid, the receipt whereof is hereby acknowledged, does hereby agree to and with the said party of the second part that he will convey to…
1Opinion of the Court
WICKERSHAM, District Judge.
The complaint is yet indefinite in its statement of the consideration for the contract. Whether it is intended to allege that in consideration of the acknowledgment by the plaintiff of the payment to him of the past indebtedness of $11,225 due to him from the defendant, and the present payment to defendant by plaintiff of the sum of $1,000, the defendant made the contract sued on, is not plainly stated; but conceding that such was the intention of the pleader (and apparently no more can be claimed for the pleading), is the plaintiff entitled to the relief demanded?
Th…
2Cases cited23 opinions
- Hume v. United StatesSupreme Court of the United States · 1889
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Willard v. TayloeSupreme Court of the United States · 1870
- Texas & Pacific Railway Co. v. MarshallSupreme Court of the United States · 1890
- Cathcart v. RobinsonSupreme Court of the United States · 1831
18 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Munsey v. Mills & GarittyTexas Supreme Court · 1926
- United States v. Skinner & Eddy CorporationDistrict Court, W.D. Washington · 1928
- Sturm v. UlrichCourt of Appeals for the Eighth Circuit · 1925
- Blue Point Oyster Co. v. HaagensonDistrict Court, W.D. Washington · 1913
- Elliott v. ElliottDistrict Court, D. Alaska · 1907
3 more not listed; retrieve them via the Exa API.