U.S. Court of Appeals for the Eighth Circuit, 1917

Schlank v. Smith

U.S. Court of Appeals for the Eighth Circuit · Decided October 29, 1917 · Hook, Smith, Stone

246 F. 686; 158 C.C.A. 642; 1917 U.S. App. LEXIS 1400

Counsel

William Baird, of Omaha, Neb. (Wm. Baird & Sons, of Omaha, Neb., on the brief), for appellant., Francis A. Brogan, of Omaha, Neb. (Brogan & Raymond, of Omaha, Neb., on the brief),.for appellee.

Cases that cite this one

2 later published cases cite this decision.

United States v. Bucher (8th Cir. 1926)
Huhn v. Strong-Scott Mfg. Co. (8th Cir. 1920)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

HOOK, Circuit Judge.

The issue in this suit in equity is as to the existence of an enforceable contract in writing for a 99-year lease- of some ground on Farnam street, Omaha, Neb. The issue turns upon the narrow question of fact whether the proposition of Schlank, to which Smith, the owner; addressed a letter of- acceptance,- included the particular ground in question. Part of thé evidence at the trial was by depositions, and part, equally important, was from witnesses ivho testified orally. The case so made is so nicely balanced that it is diffi*687cult to say from the record before us with which party the truth abides. The trial court held with Smith. It had an advantage in hearing the oral testimony and observing the witnesses, which we do not possess. This condition requires the application of the familiar rule that the finding of a chancellor upon conflicting evidence will be regarded on, appeal as presumptively correct. - • ■ • ■

The decree is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.