Alpena Portland Cement Co. v. Backus
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Minnesota.
1Opinion of the Court
HOOK, Circuit Judge.
Backus sued the cement company to recover damages for breach of contract in failing to deliver cement it *945had sold him. He recovered judgment. The case turned upon the construction of tire writing which fixed the relations of the parties, and the company claims that the trial court erred in that particular, By a written contract made in January, 1905, the company which was engaged in manufacturing cement at Alpena, Mich., sold and agreed to deliver 100,000 barrels of its product, and Backus purchased and agreed to receive and pay for the same. It was provided that one-half…
2Cases cited2 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Cleveland Rolling Mill v. RhodesSupreme Court of the United States · 1887
3Cited by5 opinions
- Internatio-Rotterdam, Inc. v. River Brand Rice Mills, Inc.Court of Appeals for the Second Circuit · 1958
- Consumers' Bread Co. v. Stafford County Flour Mills Co.Court of Appeals for the Eighth Circuit · 1917
- Lagerloef Trading Co. v. American Paper Products Co.Court of Appeals for the Seventh Circuit · 1923
- Pike's Peak Hydro-Electric Co. v. Power & Mining Machinery Co.Court of Appeals for the Eighth Circuit · 1908
- Irving Trust Co. v. Compania Mexicana De Petroleo, La Libertad, S. A.Court of Appeals for the Second Circuit · 1933