New Orleans & Nashville Rail Road v. Ganalh & Co.
Supreme Court of Louisiana
APPEAL FROM THE PARISH COURT FOR TIIE PARISH AND CITY OF NEW ORLEANS. This is an action to enforce the performance, or recover damages for the non-performance of a contract made with the defendants for the importation and delivery of 50 miles of Rail Road Iron.
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APPEAL FROM THE PARISH COURT FOR TIIE PARISH AND CITY OF NEW ORLEANS. This is an action to enforce the performance, or recover damages for the non-performance of a contract made with the defendants for the importation and delivery of 50 miles of Rail Road Iron. The plaintiffs allege that in 1835 they contracted with the defendants, by written agreement, for the purchase and shipment of 50 miles of' Rails, from England, by the first of February, 1836; to be purchased and shipped under the direction of the chief engineer of the road, who went out in October, for that purpose. That the Iron was…
1Opinion of the CourtBullard, J.
The plaintiffs allege that they entered into a written contract with the defendants, by which the latter engaged to import from England as soon as possible after the first of February, 1836, fifty miles of Rail Road Iron to be made according to the order of the chief Engineer, and to be approved by him. That the defendants were to pay all costs and charges and import the Iron at their risque, and that the plaintiffs on their part engaged in consideration of the promises, to pay the current price at the plaee of exportation at the time of the shipment, together with the costs and charges and…
2Cited by11 opinions
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- Abels v. GloverSupreme Court of Louisiana · 1860
- E. Sondheimer Co. v. Richland Lumber Co.Supreme Court of Louisiana · 1908
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