Payne v. Beard
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Eastern District of Oklahoma. Suit in equity by Horace L. Payne and Mima Payne against E. B. Beard and R. B.- Beard. Decree for defendants, and complainants appeal.
1DissentSanborn, Circuit Judge
By the 14th of June, 1915, Payne and his wife had received the $2,200, which was the consideration for their sale of their land, had been informed by the purchaser, Mr. Beard, that he had bought the land, and by their friend, Mrs. Ayers, that a large oil well, reported to be producing 600 barrels per day, had just been brought in on a section adjoining the section upon which their land was situated. Nevertheless they kept the $2,200, made no tender or offer to return it, made no demand for a rescission of the contract until after they subsequently learned, some time in September, 1915, that a…
2Cases cited23 opinions
- Wood v. CarpenterSupreme Court of the United States · 1879
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Grimes v. SandersSupreme Court of the United States · 1876
- Hayward v. National BankSupreme Court of the United States · 1878
- McLean v. ClappSupreme Court of the United States · 1891
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