Eustis Mining Co. v. Beer, Sondheimer & Co.
District Court, S.D. New York
In Equity. Suit by the Eustis Mining' Company against Beer, Sondheimer & Co., Incorporated. On defendant’s motion for reargument after decree for plaintiff. This is a suit in equity to obtain the construction of a contract and to recover for damages for its partial breach. The ground of equitable jurisdiction need not be considered, as both parties assent.
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In Equity. Suit by the Eustis Mining' Company against Beer, Sondheimer & Co., Incorporated. On defendant’s motion for reargument after decree for plaintiff. This is a suit in equity to obtain the construction of a contract and to recover for damages for its partial breach. The ground of equitable jurisdiction need not be considered, as both parties assent. The turning question is the construction of the contract; the plaintiff claiming that the defendant was obliged to take the “total production” of its cinders in any one year, regardless of the amount, and the defendant claiming that the…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). The form in which this case is now presented is embarrassing to its disposition. Being dissatisfied with the decision of Judge Sheppard, who tried the cause and entered a decree for the plaintiff, the defendant moved before him for a reargument, which he found it impossible to grant, owing to his immediate departure for Elorida. He suggested that, in place of such a reargument, application for reargument be made to a local District Judge, and the defendant thereupon applied to me. The plaintiff consents that I may hear the application for a reargument,…
2Cases cited5 opinions
- Brawley v. United StatesSupreme Court of the United States · 1878
- Merriam v. United StatesSupreme Court of the United States · 1883
- Smoot v. United StatesSupreme Court of the United States · 1915
- T. B. Walker Mfg. Co. v. Swift & Co.Court of Appeals for the Fifth Circuit · 1912
- Budge v. United Smelting & Refining Co.Court of Appeals for the Ninth Circuit · 1900
3Cited by33 opinions
- Hanz Trucking, Inc. v. Harris Brothers Co.Wisconsin Supreme Court · 1965
- Kevin Bock v. Computer Associates International, Inc. And Platinum Technology, Inc.Court of Appeals for the Seventh Circuit · 2001
- Parev Products Co. v. I. Rokeach & Sons, Inc.Court of Appeals for the Second Circuit · 1941
- Georgiades v. GlickmanWisconsin Supreme Court · 1956
- ER Holdings, Inc. v. Norton Co.District Court, D. Massachusetts · 1990
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