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FOX V. HAARSTICK, 156 U. S. 674 (1895)

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U.S. Supreme Court

Fox v. Haarstick, 156 U.S. 674 (1895)

Fox v. Haarstick

No. 577

Submitted January 7, 1895

Decided March 4, 1895

156 U.S. 674

Syllabus

In an action upon a contract to sell shares of stock to the plaintiff, the defendant set up allegations of fraud. A jury was waived and the court found separately and specifically upon all the allegations respecting the contract, and that the contract set up in the complaint was sustained by the evidence. No error was assigned or exceptions taken. Held:

(1) That this Court cannot review those findings.

(2) That they are sufficient to sustain the judgment.

This was an action brought in the District Court of the Third Judicial District of Utah by Henry C. Haarstick against Moylan C. Fox, executor of Sarah M. McKibben, deceased, to recover damages for the refusal of the defendant to assign and transfer to the plaintiff 1,414 shares of the capital stock of a corporation known as the St. Louis and Mississippi Valley Transportation Company, as called for by a contract subsisting between the plaintiff and Mrs. McKibben during the lifetime of the latter.

At the trial, a jury was waived and the case was tried by the court. The trial judge made certain findings of facts and conclusions of law as follows:

"1. That the defendant, Moylan C. Fox, is the executor, duly qualified and acting, of the last will and testament of Sarah M. McKibben, deceased."

"2. That by written correspondence between Sarah McKibben and the plaintiff dated February 25, 1890, and March 1, 1890, the said Sarah McKibben contracted to sell and deliver to the plaintiff, within forty days after said date, 1,414 shares of the capital stock of the St. Louis and Mississippi Valley Transportation Company, a corporation organized under the laws of the State of Missouri, for the sum of ninety-two thousand five hundred dollars."

"3. That before the time of the completion of said contract

Page 156 U. S. 675

arrived, to-wit, on the 5th day of March, 1890, the said Sarah M. McKibben died, and the said executor then refused, and ever since has refused and declined, to deliver said stock and to carry out and fulfill the contract."

"4. That the plaintiff has been ready and willing to pay the said sum of ninety-two thousand five hundred dollars for the said stock upon the delivery thereof, but the said executor still refuses and declines to accept the same."

"5. That the said stock at the time when the same should have been delivered, to-wit, on or about the 10th day of April, 1890, was of the value of one hundred and four thousand five hundred dollars, and that the plaintiff was damaged, by reason of the defendant's failure to deliver the said stock and fulfill the said _____, in the sum of twelve thousand dollars, with interest thereon at the rate of eight percent per annum, from the 10th day of April, 1890, amounting at this date to one thousand four hundred and eight-five dollars, and making the plaintiff's damage in all thirteen thousand four hundred and eighty-five dollars."

"6. That on the 30th day of October, 1890, the plaintiff presented a claim in writing, pursuant to the statute in such case made and provided, demanding the payment of the sum of thirty-six thousand one hundred and seventy-four dollars damages to Moylan C. Fox, executor of said Sarah M. McKibben, deceased, and that on said day the said executor rejected said claim."

"As conclusions of law from the foregoing facts, the court now hereby finds and decides:"

"That the plaintiff is entitled to have and recover of and from the defendant the sum of thirteen thousand four hundred and eighty-five dollars, with interest thereon from this date until paid at the rate of eight percent per annum, and costs of suit, and judgment is hereby ordered to be entered accordingly."

A motion for a new trial was made and overruled, judgment was entered, and an appeal was taken to the Supreme Court of the Territory of Utah, from whose judgment affirming that of the court below an appeal was taken to this Court. chanroblesvirtualawlibrary

Page 156 U. S. 676





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