Union Selling Co. v. Jones
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Nebraska. This was an action by Jones against the Union Selling Company to recover damages for the breach .of an express warranty of the quality of twine sold to him by the company under a written contract entered into at Hastings, Neb., June 6, 1900, which described the twine and stated the warranty in this manner: “80,000 pounds of Binder Twine, Crown Brand, as follows: 27,000 pounds Standard, eleveri…
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In Error to the Circuit Court of the United States for the District of Nebraska. This was an action by Jones against the Union Selling Company to recover damages for the breach .of an express warranty of the quality of twine sold to him by the company under a written contract entered into at Hastings, Neb., June 6, 1900, which described the twine and stated the warranty in this manner: “80,000 pounds of Binder Twine, Crown Brand, as follows: 27,000 pounds Standard, eleveri cents per pound: 3,000 pounds Sisal, eleven cents per pound. Gross weight, delivered F. O. B. cars at Hastings. * ⅜ *…
1Opinion of the CourtVan Devanter, Circuit Judge
The principal controversy in this case is over the quality of twine required to satisfy the terms of the express warranty in the written instrument in which the parties stated their agreement. At the trial *674.the'court took the view that it was- permissible to determine this by reference to the negotiations which preceded and resulted in the making of the written contract. These negotiations covered a period of three months, and consisted of letter correspondence and separate conversations between the plaintiff and each of two agents of the defendant.. All were admitted in evidence over the…
2Cases cited60 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Meehan v. ValentineSupreme Court of the United States · 1892
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- The DelawareSupreme Court of the United States · 1872
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3Cited by33 opinions
- Silver King Coalition Mines Co. of Nevada v. Silver King Consol. Mining Co. of UtahCourt of Appeals for the Eighth Circuit · 1913
- Germain Fruit Co. v. J. K. Armsby Co.California Supreme Court · 1908
- Ford v. Luria Steel & Trading Corp.Court of Appeals for the Eighth Circuit · 1951
- Southern Surety Co. of Des Moines v. United StatesCourt of Appeals for the Eighth Circuit · 1927
- Davis Calyx Drill Co. v. MalloryCourt of Appeals for the Eighth Circuit · 1905
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