Legal Opinion

N. B. Brown & Co. v. St. John Trust Co.

Supreme Court of Kansas

Decided March 11, 1905No. 13,992PublishedCited by 14 opinions

Error from Reno district court; Matthew P. Simpson, judge. STATEMENT. The alleged non-compliance with a contract made between N. B. Brown & Co. and the St. John Trust Company for the pasturage of cattle was the basis of an action brought by the former against the latter.

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Error from Reno district court; Matthew P. Simpson, judge. STATEMENT. The alleged non-compliance with a contract made between N. B. Brown & Co. and the St. John Trust Company for the pasturage of cattle was the basis of an action brought by the former against the latter. The following is a copy of the contract: “This is to certify that the undersigned has this day contracted to receive from N. B. Brown & Co., of Midland, Tex., eighteen hundred (1800) head of mixed cattle, at the stock-yards at Garden City, Kan., which they take for the pasturing season of 1902 at two dollars ($2) per head for…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, C. J.:

The result of this proceeding depends mainly upon the interpretation to be placed upon the contract quoted in the foregoing statement. There had been negotiations between the parties for pasture in Kansas for cattle then in Texas, and’ a representative of N. B. Brown & Co. came to Hutchinson, Kan., expecting to rent the Pierceville pasture, but when he arrived he found that the defendant had already disposed of that pasture. The defendant then offered to rent plaintiffs the Stevens pasture in Finney county, and there is a claim that…

2Cited by14 opinions

  1. Murphy v. KeatingSupreme Court of Minnesota · 1939
  2. Hazelton v. ChaffinSupreme Court of Kansas · 1921
  3. Fuchs v. LeahySupreme Court of Missouri · 1928
  4. Cox v. ChaseSupreme Court of Kansas · 1917
  5. Radebaugh v. DillonSupreme Court of Kansas · 1925

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