Legal Opinion

Clark v. Wheeling Steel Works

Court of Appeals for the Third Circuit

Decided January 3, 1893No. 27PublishedCited by 14 opinions

In Error to the Circuit Court of the United States for the Eastern District of Pennsylvania. At Law. Action by tbe Wheeling Steel Works against Edward W. Clark, Sabin W. Colton, Jr., Edward W. Clark, Jr., Edward E. Denniston, J. Milton Colton, and C. Howard Clark, trading as E. W. Clark & Co., for breach of conti act. Verdict and judgment for plaintiff. Defendant brings eiTor.

1Opinion of the Court

WALES, District Judge.

Cm June 26, 1890, the parties to this action entered into a written contract on the following terms and stipulations: The Wheeling Steel Works sold to Clark & Co. 5,000 tons of soft Bessemer steel billets and slabs; material to be good, merchantable steel, suitable for manufacturing purposes, to be delivered at the rate of 1,000 tons per month from August to December, inclusive; price, $30.75 per ton; payment, cash between the 15fch and 20th of the month next after delivery; steel to he shipped on the orders of Clark & Go. On August 29, 1890, the parties agreed to an…

2Cases cited1 opinion

  1. Lyon v. BertramSupreme Court of the United States · 1858

3Cited by14 opinions

  1. Kauffman v. RaederCourt of Appeals for the Eighth Circuit · 1901
  2. Zelinger v. Uvalde Rock Asphalt Co.Court of Appeals for the Tenth Circuit · 1963
  3. City of St. Charles v. StookeyCourt of Appeals for the Eighth Circuit · 1907
  4. McDonald v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1906
  5. German Savings Inst. v. De La Vergne Refrigerating Mach. Co.Court of Appeals for the Eighth Circuit · 1895

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