US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ |™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for

KING V. PUTNAM INVESTMENT CO., 248 U. S. 23 (1918)

Subscribe to Cases that cite 248 U. S. 23 RSS feed for this section

U.S. Supreme Court

King v. Putnam Investment Co., 248 U.S. 23 (1918)

King v. Putnam Investment Company

No. 10

Submitted November 7, 1918

Decided November 18, 1918

248 U.S. 23




The contention that a contract of agency to sell real estate was void because federal lands, under homestead entry, were included presents no federal question where the state court found they were not included and the record supports the finding.

Writ of error to review 96 Kan. 109 dismissed.

The case is stated in the opinion.

Memorandum for the Court by the CHIEF JUSTICE.

Having previously considered this case (82 Kan. 216; 87 Kan. 842) the court awarded relief because of the violation of a contract of employment to procure the sale of real estate. 96 Kan. 109.

The case is here in reliance upon a federal question based upon the assumption that the authority to sell included land belonging to the United States covered by an inchoate homestead entry. But the court below expressly chanroblesvirtualawlibrary

Page 248 U. S. 24

found that such land was not included in the contract, hence the sole basis for the asserted federal question disappears.

And this result is not changed by considering, to the extent that it is our duty to do so, the question of fact upon which the existence of the alleged federal question depends. Northern Pac. R. Co. v. North Dakota, 236 U. S. 585, 236 U. S. 593; Creswill v. Knights of Pythias, 225 U. S. 246, 225 U. S. 261; Kansas City Southern R. Co. v. C. H. Albers Commission Co., 223 U. S. 573, 223 U. S. 591. We so conclude because the result of discharging that duty leaves us convinced that the finding below was adequately sustained -- indeed, that the record makes it clear that the alleged ground for the federal question was a mere afterthought. The case therefore must be, and is,

Dismissed for want of jurisdiction.

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™