Brown & Hackney, Inc. v. Rushville Furniture Co.
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the District of Indiana. Action at law by Brown & Hackney, Inc., against the Rushville Furniture Company. Judgment for defendant on sustaining a demurrer to the complaint, and plaintiff brings error.
1Opinion of the Court
PAGE, Circuit Judge.
Plaintiff in error asks a reversal of the ruling of the District Court, sustaining a demurrer to its complaint, against defendant in error, for damages for refusal tó receive lumber under an accepted order for “100,000 ft. 8/4 No. 1 common and better qrtd. red gum, sap no defect; Vs and 28s at $155 per M. ft.; No. 1 common at $145 per M. ft.58
The demurrer was sustained on the ground that the contract, otherwise conceded to be good, was void because there is nothing in the contract from which the quantities as between the classes, viz. No. 1 common and l8s and 2Js can be…
2Cases cited2 opinions
- Robinson v. United StatesSupreme Court of the United States · 1872
- Hostetter v. ParkSupreme Court of the United States · 1890
3Cited by4 opinions
- Milliken-Tomlinson Co. v. American Sugar Refining Co.Court of Appeals for the First Circuit · 1925
- Straesser-Arnold Co. v. Franklin Sugar Refining Co.Court of Appeals for the Seventh Circuit · 1925
- Kockos v. C. Itoh & Co.Court of Appeals for the Ninth Circuit · 1923
- Milliken-Tomlinson Co. v. American Sugar Refining Co.Court of Appeals for the First Circuit · 1925