Legal Opinion

H. F. Dangberg Land & Live Stock Co. v. Day

Court of Appeals for the Ninth Circuit

Decided January 7, 1918No. 3005PublishedCited by 8 opinions

In Error to the District Court of the United States for the Southern Division of the Southern District of California; Oscar A. Trippet, Judge. Action by the H. F. Dangberg Fand & Five Stock Company against H. C. Day and S. A. Foster, copartners doing business under the firm name and style of Day & Foster. There was a judgment for defendants, and plaintiff brings error.

1Opinion of the Court

GILBERT, Circuit Judge.

[1] The plaintiff in error brought an action against the defendants in error to recover $20,000, the first payment on a contract for the sale of land, cattle, horses, and millsites situate in the states of Arizona and New Mexico. The contract was entered into in Arizona on March 25, 1913, but the delivery of the property was not to be made until June of that year. The contract was made by one Dodson, as manager of the Highland Cattle Company, a Nevada corporation, the assignor of the plaintiff in error. It was placed in escrow with a bank at Duncan, Ariz. The whole…

2Cases cited4 opinions

  1. Wear v. Imperial Window Glass Co.Court of Appeals for the Eighth Circuit · 1915
  2. Pennsylvania Casualty Co. v. WhitewayCourt of Appeals for the Ninth Circuit · 1914
  3. Dunsmuir v. ScottCourt of Appeals for the Ninth Circuit · 1914
  4. Maryland Casualty Co. of Baltimore v. Orchard Land & Timber Co.Court of Appeals for the Ninth Circuit · 1917

3Cited by8 opinions

  1. China Press, Inc. v. WebbCourt of Appeals for the Ninth Circuit · 1925
  2. Pabst Brewing Co. v. E. Clemens Horst Co.Court of Appeals for the Ninth Circuit · 1920
  3. C. C. Mengel & Bro. Co. v. Handy Chocolate Co.Court of Appeals for the First Circuit · 1926
  4. Rajotte-Winters, Inc. v. Whitney Co.Court of Appeals for the Ninth Circuit · 1924
  5. Macomber v. GoldthwaiteCourt of Appeals for the Ninth Circuit · 1927

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