Companhia De Navegacao Lloyd Brasileiro v. C. G. Blake Co.
Court of Appeals for the Second Circuit
1Opinion of the CourtL. Hand, Circuit Judge
(after stating the facts as above). This contract was hot to deliver the amount of coal which six vessels of average capacity could lift. It was not a tonnage contract at all, but an undertaking to fill six steamers with coal and send them to Rio. The seller was not obliged, nor indeed was he permitted, to send more or less than six steamers; his offer to substitute schooners, for example, was not in performance, and indeed was not so suggested; it was a proposed modification. • Hence the capacity of the customary steamer was not an issue, unless we are to read the engagement as imposing on…
2Cases cited27 opinions
- Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
- Bibb v. AllenSupreme Court of the United States · 1893
- Day v. United StatesSupreme Court of the United States · 1917
- Northern Pacific Railway Co. v. American Trading Co.Supreme Court of the United States · 1904
- Salmon Falls Manufacturing Co. v. GoddardSupreme Court of the United States · 1853
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3Cited by13 opinions
- United States v. Winstar Corp.Supreme Court of the United States · 1996
- Madeirense Do Brasil S/A v. Stulman-Emrick Lumber Co.Court of Appeals for the Second Circuit · 1945
- The Opera Company of Boston, Inc. v. The Wolf Trap Foundation for the Performing ArtsCourt of Appeals for the Fourth Circuit · 1987
- Ner Tamid Congregation of N. Town v. KrivoruchkoDistrict Court, N.D. Illinois · 2009
- Steffen v. United StatesCourt of Appeals for the Sixth Circuit · 1954
8 more not listed; retrieve them via the Exa API.