United States Plywood Corp. v. Hudson Lumber Co.
Court of Appeals for the Second Circuit
1Opinion of the Court
CLARK, Circuit Judge.
In this action the plaintiff, United States Plywood Corporation, sought to recover the sum of $193,180.65 alleged to be due for cedar logs sold and delivered by it to the Hudson Lumber Company under a contract guaranteed by the Eagle Pencil Co. The answer of Hudson and Eagle contained an affirmative defense and a counterclaim for rescission of the contract based upon the ground of mistake. Plaintiff moved to strike the defense and counterclaim and for summary judgment upon the counterclaim ; and this motion the district court granted in full in a reasoned opinion holding…
2Cases cited10 opinions
- Susquehanna Steamship Co. v. A. O. Andersen & Co.New York Court of Appeals · 1925
- Pabellon v. Grace Line, Inc. (Coston Supply Co., Third-And-Fourth-Party Defendants)Court of Appeals for the Second Circuit · 1951
- Bruckman v. HollzerCourt of Appeals for the Ninth Circuit · 1946
- All American Airways, Inc. v. Elderd, MayorCourt of Appeals for the Second Circuit · 1954
- Broidy v. State Mut. Life Assur. Co. Of Worcester, Mass.Court of Appeals for the Second Circuit · 1951
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3Cited by17 opinions
- Affiliated Hospital Products, Inc. v. Merdel Game Manufacturing CompanyCourt of Appeals for the Second Circuit · 1975
- Rieser v. Baltimore Ohio Railroad CompanyCourt of Appeals for the Second Circuit · 1955
- Western Geophysical Company of America, Inc. v. Bolt Associates, Inc., Bolt Associates, Inc., Third-Party v. Litton Industries, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1972
- Flynn & Emrich Company v. Henry B. Greenwood and Greenwood Engineering Company, Inc.Court of Appeals for the Fourth Circuit · 1957
- John A. Brown v. Collections, Inc.Mississippi Supreme Court · 2016
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