VIRGINIAN RAILWAY CO.
v.
UNITED STATES

U.S. | 1939-10-16
No. 266
308 U.S. 590 Supreme Court of the United States (1939) Positive Treatment
Cited by 9 cases

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  • In re Cochise Coll. Park, Inc. v. Perry, 703 F.2d 1339 (9th Cir. 1983)
    …a time certain) has never been thought to transform an unexpired real estate lease, a typical example of an executory contract, from an executory into an executed contract. See, e.g., Palmer v. Palmer, 104 F. 2d 161, 162-63 (2d Cir.), cert. denied, 308 U.S. 590, 60 S.Ct. 120, 84 L.Ed. 494 (1939); 4A J. Moore & L. King, Collier on Bankruptcy ¶ 70.44[1], at 539 (14th ed. 1978). Since some if not all of the land sale contracts were probably executory on June 5, 1972, it is probable that the ownership of the…
    1 / 3
  • H. B. Zachry Co. v. The United States, 344 F.2d 352 (Ct. Cl. 1965)
    …y relieve a party of his stipulation if necessary to prevent an injustice, particularly where facts contrary to the stipulation are established by the evidence. Federal Export Corp. v. United States, 25 F.Supp. 109, 88 Ct.Cl. 60 (1938), cert. denied 308 U.S. 590, 60 S.Ct. 120, 84 L.Ed. 494 (1939). The evidence shows and we have found that the remaining portions of the stipulation correctly stated the meaning of the parties. At the least, the stipulation is an admission by the parties in interest. Upon a re…
  • Madrith Bennett Chambers v. The United States, 451 F.2d 1045 (Ct. Cl. 1971)
    …8 California, 39; Sanford v. Boyd [Fed.Cas. No.12,311], 2 Crancli’s Circuit Court, 78; Ex parte Smith [Fed.Cas.No. 12,967], Id. 693. [Id. at 393.] . See also Federal Export Corp. v. United States, 25 F.Supp. 109, 88 Ct.Cl. 60 (1938), cert. denied, 308 U.S. 590, 60 S.Ct. 120, 84 L.Ed. 494 (1939).…

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