H. M. Pfann & Co. v. J. C. Turner Cypress Lumber Co.
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Southern District of Florida. Action at law by the J. C. Turner Cypress Dumber Company against H. M. Pfann & Co. Judgment for plaintiff, and defendant brings error. The J. G. Turner Cypress Humber Company brought suit against H. M. Pfann & Co. for breach of contract.
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In Error to the Circuit Court of the United States for the Southern District of Florida. Action at law by the J. C. Turner Cypress Dumber Company against H. M. Pfann & Co. Judgment for plaintiff, and defendant brings error. The J. G. Turner Cypress Humber Company brought suit against H. M. Pfann & Co. for breach of contract. The cause of action is set forth in the third count of the declaration in the following language: “(3) Plaintiff further sues for that heretofore, to wit, in November, 1900. defendant entered into a certain contract with the plaintiff whereby defendants agreed to sell,…
1Opinion of the CourtMaxey, District Judge
(after stating the facts as above). [1, 2] The decisive and only question, which we shall consider, arises upon the face of' the contract and its extension as agreed upon by the parties. Regarding the terms of the contract as ambiguous, the trial court admitted testimony to explain the situation of the parties and then submitted the construction of the contract to the determination of the jury.
In failing to construe the contract itself and referring its construction to the jury we think the court committed error. If the contract, fairly construed, imposed no liability on the plaintiffs in…
2Cases cited5 opinions
- Bailey v. AustrianSupreme Court of Minnesota · 1873
- Collner v. GreigSupreme Court of Pennsylvania · 1890
- McKeever, Cook & Co. v. Canonsburg Iron Co.Supreme Court of Pennsylvania · 1890
- Drake v. VorseSupreme Court of Iowa · 1879
- Canonsburg Iron Co. v. McKeeverSupreme Court of Pennsylvania · 1888
3Cited by12 opinions
- In Re United Cigar Stores Co. of AmericaCourt of Appeals for the Second Circuit · 1934
- William S. Gray & Co. v. Western Borax Co.Court of Appeals for the Ninth Circuit · 1938
- In Re United Cigar Stores Co. of AmericaDistrict Court, S.D. New York · 1934
- Kenan, McKay & Spier v. Yorkville Cotton Oil Co.Court of Appeals for the Fourth Circuit · 1919
- Robertson v. GarvanDistrict Court, S.D. New York · 1920
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