Legal Opinion
J. N. Pharr & Sons, Ltd. v. C. D. Kenny Co.
Court of Appeals for the Fifth Circuit
Decided March 19, 1921No. 3630PublishedCited by 5 opinions
In Error to the District Court of the United States for the New Orleans Division of the Eastern District of Louisiana; Rufus E. Eoster, Judge. Action by the C. D. Kenny Company against J. N. Pharr & Sons, Limited. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
BRYAN, Circuit Judge.
October 3, 1919, the parties to this suit executed the following memorandum contract:
■ “Bought of J. N. Pharr & Sons, Ltd, Berwick, La., for the C. D. Kenny Co., Baltimore, Md., 1,000 barrels of La. plantation granulated sugar at 12e. net per pound, f. o. b. cars at factory. Shipment as soon as possible during November, 1919. All shipments to be made — S/D attached to B/L payable on arrival of goods at destination.
“This purchase to be invoiced and paid for at contract price. No allowances will be made for declines in market.
“This contract contingent upon strikes,…
2Cited by5 opinions
- W. H. Goff Co. v. Lamborn & Co.Court of Appeals for the Fifth Circuit · 1922
- Dunman v. South Texas Lumber Co.Court of Appeals of Texas · 1923
- JN PHARR & SONS, LIMITED v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1932
- American Sumatra Tobacco Corp. v. WillisCourt of Appeals for the Fifth Circuit · 1948
- Dunman v. South Texas Lumber Co.Court of Appeals of Texas · 1923