Hampton Stave Co. v. Gardner

Citations

• 154 F. 805
• 83 C.C.A. 521
• 1907 U.S. App. LEXIS 4589

Syllabus

<p>1. Cotjbts — Jurisdiction—Amount in Dispute.</p> <p>Upon all questions of jurisdiction, the sum demanded, not the amount recovered, recoverable or admitted, is the amount in dispute, unless the record proves to a legal certainty either that the sum demanded cannot be as a matter of law the amount in dispute, or that it is, as a matter of fact, a colorable and fictitious amount inserted in bad faith to invoke jurisdiction.</p> <p>LIfid. Note. — For cases in point, see Cent. Dig. vol. 18, Courts, § 890.</p> <p>Jurisdiction of Circuit Courts is determined by the amount in controversy, see notes to Auer v. Lombard, 19 C. C. A. 75; Teiment-Stribling Shoo Co. v. Rope, 86 C. C. A. 459.]</p> <p>2. Damages — Option Contract — Failure to Furnish Abstract — Damage</p> <p>Value Less Contract Price- — 'Whether or Not Vendee would have Bought Immaterial.</p> <p>Upon a broach by a vendor of a covenant to furnish an abstract of title in a contract which grants a time option to purchase land, the measure of damages is the difference between the contract price and the value of the land, and the issue whether or not the vendee would have bought the land If the vendor had furnished the abstract is speculative and immaterial.</p> <p>3. Waiver — Equivalent of Estoppel.</p> <p>The basis of waiver is estoppel, aud where there is no estoppel there Is no waiver.</p> <p>Hook, Circuit Judge, dissenting in part.</p> <p>(Syllabus by the Court.)</p>