Legal Opinion
International Erectors, Inc. v. Wilhoit Steel Erectors & Rental Service
Court of Appeals for the Fifth Circuit
Decided October 18, 1968No. 24867_1PublishedCited by 75 opinions
1Opinion of the Court
GOLDBERG, Circuit Judge.
This is a ease of frustration arising out of unilateral and unarticulated contract expectations. The two questions presented here are (1) whether the contract between International Erectors, Inc., and Wilhoit Steel Erectors & Rental Service which subcontracted the work to International imposed any duty upon Wilhoit to supply materials according to certain specifications and in a particular sequence, and (2) whether International, a sub-sub-sub-contractor may recover upon a third party beneficiary theory against Southern Engineering which had a contract with the general…
2Cases cited60 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Bobby Jones Garden Apartments, Inc. v. F. R. SuleskiCourt of Appeals for the Fifth Circuit · 1968
- Voelker v. Combined Ins. Co. of AmericaSupreme Court of Florida · 1954
- Friedman v. Virginia Metal Products Corp.Supreme Court of Florida · 1952
55 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- Kaiser Aluminum & Chemical Sales, Inc. v. Avondale Shipyards, Inc.Court of Appeals for the Fifth Circuit · 1982
- Brooks v. Blue Cross & Blue Shield of Florida, Inc.Court of Appeals for the Eleventh Circuit · 1997
- Alfred L. Bochese v. Town of Ponce InletCourt of Appeals for the Eleventh Circuit · 2005
- Nadine Brooks v. Blue Cross And Blue Shield Of Florida, Inc.Court of Appeals for the First Circuit · 1997
- Cook & Nichol, Inc. v. The Plimsoll Club, Leo S. WeilCourt of Appeals for the Fifth Circuit · 1971
70 more not listed; retrieve them via the Exa API.