Denver & R. G. R. v. Ristine

No. 723
Decided Circuit Court of Appeals, Eighth Circuit
Disposition
affirmed
full scope · unanimous
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Court
Circuit Court of the United States for the District of Colorado
Decided
Judge
CALDWELL, Circuit Judge
Posture
Injunction suit by Denver & Rio Grande Railroad Company to enjoin Colorado Midland Railroad from crossing its tracks
Plaintiff/Complainant (1)
DENVER & R. G. R. CO.
Henry B. May, Edward O. Wolcott, Joel E. Yaile
v.
Defendants (2)
RISTINE, Receiver (of Colorado Midland Railroad Company)
Henry T. Rogers
Other parties: Colorado Midland Railroad Company — Original defendant (injunction suit)

Overview

The decree of the circuit court is affirmed. The Circuit Court of Appeals upheld the denial of injunction against Colorado Midland, finding the verbal agreement enforceable in equity despite the statute of frauds due to part performance and the equitable principle that one seeking equity must do equity.

Case summary

This case involves a dispute between two railroad companies, Denver & Rio Grande Railroad Company and Colorado Midland Railroad Company, over crossing rights in Aspen, Colorado. After Colorado Midland initially obtained an injunction to prevent Denver & Rio Grande from crossing its track, the companies entered into a verbal agreement allowing mutual crossings. Colorado Midland dismissed its injunction in reliance on this agreement and expended substantial funds preparing to cross Denver & Rio Grande's track. When Colorado Midland's receiver attempted to make the crossing, Denver & Rio Grande filed suit to enjoin it. The Circuit Court denied the injunction, finding the verbal agreement valid and enforceable despite the statute of frauds due to part performance and equitable considerations. On appeal, the Circuit Court of Appeals affirmed, holding that: (1) parol evidence of a verbal contract within the statute of frauds is admissible in defense of an injunction suit to show inequity; (2) the agreement was taken out of the statute of frauds by Colorado Midland's part performance; and (3) equity would not grant relief to Denver & Rio Grande given its unclean hands and the potential for fraud.

Abstract

A dispute arose between two railroad companies over mutual crossing rights after one obtained and then dismissed an injunction in reliance on a verbal agreement, expending substantial funds in preparation. When the second company sought to enforce the crossing, the first filed for an injunction, which was denied based on the verbal agreement's enforceability despite the statute of frauds due to part performance and equitable considerations including unclean hands. The appellate court affirmed, holding that parol evidence was admissible, the agreement was removed from the statute by part performance, and equity barred relief to the plaintiff.

Opinion of the court

Majority
opinion
CALDWELL, Circuit Judgejoined by SANBORN, Circuit Judge, THAYER, Circuit Judge
  • Verbal contracts within statute of frauds may be proved in defense of injunction suits to show inequity
  • Part performance takes verbal agreements out of statute of frauds
  • Equity requires clean hands; one who benefits from agreement cannot enjoin other party from enjoying benefits
  • Statute of frauds cannot be used as instrument of fraud

Jurisdiction

not challenged
Subject matter
Federal circuit court diversity or federal question jurisdiction (implied from appeal to Circuit Court of Appeals)
Jurisdictional facts
  • Appeal from Circuit Court of the United States for the District of Colorado

Procedural posture

Posture at trial
Injunction suit by Denver & Rio Grande Railroad Company to enjoin Colorado Midland Railroad from crossing its tracks
Posture on appeal
Direct appeal from decree of circuit court
Preserved issues
  • Validity of verbal agreement under statute of frauds
  • Equitable defense based on part performance

Subsequent history

Petition for rehearing
filed and denied
Rehearing en banc
not filed
Petition for certiorari
not filed
Mandate issued

Legal categories

Business

Case record

Full case name
DENVER & R. G. R. CO. v. RISTINE, Receiver
Docket number
No. 723
Court
Circuit Court of Appeals, Eighth Circuit
Trial court
Circuit Court of the United States for the District of Colorado
Decided
Opinion author
CALDWELL, Circuit Judge
Opinion type
published
Precedential status
precedential
Judges on panel
CALDWELL, Circuit JudgeSANBORN, Circuit JudgeTHAYER, Circuit Judge

Issues & holdings

2
Issues raised
2
affirmed
3
Holdings
Standard of review

Abuse of discretion/equitable review

Disposition rationale

Court held such evidence is admissible as matter of defense in equity to prevent fraud, regardless of statute of frauds

Preservation

Issue preserved for review

Standard of review

Clearly erroneous (factual findings)

Disposition rationale

Court found Colorado Midland performed its part by dismissing injunction, expending money on right of way and grading, which constituted part performance

Preservation

Issue preserved for review

Holdings of the court

Admissibility of verbal contract evidence in injunction suit
A verbal contract void under the statute of frauds may still be proved in resistance to a suit for injunction to show it would be inequitable to grant relief
Statute of frauds prevents enforcement of such contracts but does not make them illegal; equity courts can consider parol evidence to prevent fraud when complainant seeks equitable relief
unanimousbinding precedent
Part performance exception to statute of frauds
The verbal agreement was taken out of the statute of frauds by Colorado Midland's part performance
Colorado Midland dismissed its injunction, expended money on right of way and grading in reliance on the agreement, which constitutes part performance that equity will recognize to prevent fraud
unanimousbinding precedent
Equitable defense based on unclean hands
Denver & Rio Grande cannot obtain injunction because it would be inequitable given its own benefits from the agreement and Colorado Midland's reliance
One who asks equity must come with clean hands; having benefited from the agreement, Denver & Rio Grande cannot now enjoin Colorado Midland from enjoying its benefits
unanimousbinding precedent

Error analysis

  • Circuit court erred in considering parol evidence of verbal agreement void under statute of frauds — evidentiary · no error foundNot applicable as no error found · not applicable
  • Circuit court erred in finding part performance took agreement out of statute of frauds — legal · no error foundNot applicable as no error found · not applicable

Statutory interpretation

1
Statute
Statute of frauds
Question
Whether verbal agreement for crossing railroad tracks is within statute and whether part performance exception applies
Court's reading
Statute does not bar evidence of verbal agreement in equity to prevent fraud; part performance takes agreement out of statute
Canons applied
Equitable interpretation to prevent fraudPart performance doctrine

Burden of proof

Prosecution burden
Not applicable (civil equity case)
Defence burden
Colorado Midland had burden to show equitable defense based on verbal agreement and part performance
Burden met
true

Standards of review

  • Factual findings regarding verbal agreement and part performance — clearly erroneous Findings of lower court on issues of fact are presumptively correct and should stand unless obvious error in law or serious mistake in evidence consideration
  • Equitable relief and application of statute of frauds defense — abuse of discretion Court reviews equitable decisions for abuse of discretion, particularly regarding whether injunction would be inequitable

Timeline

9
Events
0
Days, incident to ruling
— Before 1896
Span
procedural eventcited in opinion

Circuit court found verbal agreement valid and denied injunction against Colorado Midland

Outcome: Decree for defendant (Colorado Midland)

Trial court ruling appealed to Circuit Court of Appeals

Circuit Court of the United States for the District of Colorado trial court
appeal eventcited in opinion

Circuit Court of Appeals affirmed circuit court's decree

Outcome: Affirmed

Final disposition of the appeal

CALDWELL, Circuit Judge · SANBORN, Circuit Judge · THAYER, Circuit Judge appellate court
appeal eventcited in opinion

Rehearing denied by Circuit Court of Appeals

Outcome: Rehearing denied

Finality of the appellate decision

Circuit Court of Appeals, Eighth Circuit appellate court
Before 1896factual eventcited in opinion

Denver & Rio Grande and Colorado Midland railroads both had lines to Aspen, Colorado, each wanting to extend across the other's track

Sets up the factual dispute over crossing rights

Denver & Rio Grande Railroad Company · Colorado Midland Railroad Company Aspen, Colorado
Before 1896procedural eventcited in opinion

Colorado Midland obtained injunction from state court to prevent Denver & Rio Grande from crossing its track

Outcome: Injunction granted

Initial legal barrier to crossing that was later resolved by agreement

Colorado Midland Railroad Company · Denver & Rio Grande Railroad Company trial court
Before 1896factual eventcited in opinion

Companies entered into verbal agreement allowing each to cross the other's track at specified points

Central contract at issue in the case

Denver & Rio Grande Railroad Company · Colorado Midland Railroad Company Aspen, Colorado
Before 1896procedural eventcited in opinion

Colorado Midland dismissed its injunction against Denver & Rio Grande in reliance on the verbal agreement

Outcome: Injunction dismissed

Part performance of the verbal agreement by Colorado Midland

Colorado Midland Railroad Company trial court
Before 1896factual eventcited in opinion

Colorado Midland expended large sums on right of way and grading to prepare for crossing Denver & Rio Grande's track

Further part performance of the verbal agreement

Colorado Midland Railroad Company Aspen, Colorado
Before 1896procedural eventcited in opinion

Denver & Rio Grande filed bill/petition to enjoin Colorado Midland's receiver from crossing its track

Outcome: Suit filed

Initiates the litigation at issue in this appeal

Denver & Rio Grande Railroad Company · Ristine, Receiver trial court

Facts & evidence

Incident

Location
Aspen, Colorado

Key facts

7 facts
  1. Denver & Rio Grande Railroad Company and Colorado Midland Railroad Company each had roads running to Aspen, Colorado
  2. Each company desired to extend its road across the other's track to reach specific destinations (Durant ore bins and Cowenhoven tunnel)
  3. Colorado Midland initially obtained an injunction to prevent Denver & Rio Grande from crossing its track
  4. Companies entered into a verbal agreement allowing each to cross the other's track
  5. Colorado Midland dismissed its injunction in reliance on the agreement, permitting Denver & Rio Grande to cross
  6. Colorado Midland expended large sums on right of way and grading to prepare for crossing Denver & Rio Grande's track
  7. When Colorado Midland's receiver attempted to cross, Denver & Rio Grande filed suit to enjoin the crossing

Disputed questions

  • Exact point at which Colorado Midland road was to cross Denver & Rio Grande's track

Procedural history

5 steps
  1. Colorado Midland obtained injunction against Denver & Rio Grande crossing its track
  2. Verbal agreement reached and injunction dismissed
  3. Denver & Rio Grande filed bill/petition to enjoin Colorado Midland from crossing its track
  4. Circuit court found agreement valid and denied injunction
  5. Denver & Rio Grande appealed to Circuit Court of Appeals

Evidence in the record

Direct
  • Testimony regarding verbal agreement between railroad companies
Testimonial
  • Conflict in testimony about exact crossing point
Documentary
  • Court records of injunction and dismissal
Circumstantial
  • Expenditure of large sums on right of way and grading by Colorado Midland
Challenged
  • Evidence type: Parol evidence of verbal agreement · Challenge basis: Statute of frauds · Trial court ruling: admitted · Reasoning: Admissible in equity to prevent fraud even if contract unenforceable at law · Challenged on appeal: true · Appellate outcome: affirmed

Objects of relevance

Railroad tracks in Aspen, ColoradoDurant ore binsCowenhoven tunnel

Policy considerations

  • Preventing fraud through equitable interpretation of statute of frauds
  • Promoting fairness in contractual dealings through part performance doctrine
  • Ensuring equity courts do not become instruments of injustice

Authorities

Cited authorities (3)

Jarrett v. Johnson, 11 Grat. 327
followedprecedent
Cited for proposition that parol evidence of contract within statute of frauds is admissible in defense of injunction suit
Tilghman v. Proctor, 125 U. S. 136, 8 Sup. Ct. 894
followedprecedent
Cited for standard of review regarding factual findings
Warren v. Burt, 12 U. S. App. 591, 600, 7 C. C. A. 105, and 58 Fed. 101
followedprecedent
Cited for well-settled rule that findings of lower court on fact issues are presumptively correct

Related cases (4)

Warren v. Burt, 12 U. S. App. 591, 600, 7 C. C. A. 105, and 58 Fed. 101
precedent
Cited for standard of review of factual findings
Gaines’ Ex’r v. Granger, 32 U. S. App. 342, 15 C. C. A. 228, and 68 Fed. 69
precedent
Cited for standard of review of factual findings
Jarrett v. Johnson, 11 Grat. 327
precedent
Cited for admissibility of parol evidence in defense of injunction despite statute of frauds
Tilghman v. Proctor, 125 U. S. 136, 8 Sup. Ct. 894
precedent
Cited for standard of review of factual findings

Statutes

  • Statute of frauds

Standards & doctrines

  • Clearly erroneous standard for factual findings
  • Abuse of discretion standard for equitable rulings
  • Part performance doctrine
  • Clean hands doctrine

Legal principles applied

  • Equity will not allow statute of frauds to be used as instrument of fraud
  • One seeking equity must do equity and come with clean hands

Notable quotes

“The statute was enacted for the purpose of preventing fraud, and not for the purpose of aiding in its perpetration.”
majority — Discussing why statute of frauds does not bar parol evidence in equity to prevent fraud
Key rationale for allowing evidence of verbal agreement despite statute of frauds
“One who asks the active interposition of a court of equity in his behalf must come with clean hands, and must be as ready to do equity as he is to ask it.”
majority — Explaining why Denver & Rio Grande cannot obtain injunction after benefiting from verbal agreement
Classic statement of unclean hands doctrine in equity
Index terms61
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Procedural terms
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Entities and documentation
Legal actions
Action type
affirmed
Target
circuit court decree denying injunction
Appealed from
Circuit Court of the United States for the District of Colorado
Context
Circuit Court of Appeals affirmed the lower court's decision that denied Denver & Rio Grande's request for injunction against Colorado Midland's crossing
Scope
full
Disposition vote
unanimous
Action type
denied
Target
injunction against Colorado Midland crossing Denver & Rio Grande's track
Appealed from
Circuit Court of the United States for the District of Colorado
Context
Both trial and appellate courts denied the injunction sought by Denver & Rio Grande, finding equitable defenses valid
Scope
full
Disposition vote
unanimous
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