Oakland Motor Car Co. v. Indiana Automobile Co.
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois; Kenesaw M. Landis, Judge. Action at law by the Indiana Automobile Company against the Oakland Motor Car Company. Judgment for plaintiff, and defendant brings error. The Oakland Motor Car Company, plaintiff in error, was defendant below in the suit brought by the Indiana Automobile Company to recover damages for alleged breach of contract.
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In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois; Kenesaw M. Landis, Judge. Action at law by the Indiana Automobile Company against the Oakland Motor Car Company. Judgment for plaintiff, and defendant brings error. The Oakland Motor Car Company, plaintiff in error, was defendant below in the suit brought by the Indiana Automobile Company to recover damages for alleged breach of contract. On trial of the issues to a jury, verdict was rendered against the defendant, assessing the damages at $6,500, and reversal of the judgment…
1Opinion of the CourtSeaman, Circuit Judge
(after stating the facts as above). The verdict and judgment against the plaintiff in error, defendant below, rest solely on this proposition: That the agreement in suit constitutes a binding contract for purchase and sale of 50 of its two-cylinder automobiles, of the type listed at $1,250, making their price to the plaintiff below (as dealer) $937.50 each. While the plaintiff’s declaration contains several counts, charging breaches of the agency agreement referred to in various forms, its testimony at the trial was limited to the assumed phase thereof above stated, as averred in the fourth…
2Cases cited4 opinions
- Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1902
- Velie Motor Car Co. v. Kopmeier Motor Car Co.Court of Appeals for the Seventh Circuit · 1912
- Cummer v. ButtsMichigan Supreme Court · 1879
- Wheaton v. Cadillac Automobile Co.Michigan Supreme Court · 1906
3Cited by44 opinions
- E. I. Du Pont De Nemours & Co. v. Claiborne-Reno Co.Court of Appeals for the Eighth Circuit · 1933
- Bushwick-Decatur Motors, Inc. v. Ford Motor Co.Court of Appeals for the Second Circuit · 1940
- Ford Motor Co. v. Kirkmyer Motor Co.Court of Appeals for the Fourth Circuit · 1933
- Witt v. Realist, Inc.Wisconsin Supreme Court · 1962
- Bendix Home Appliances, Inc. v. Radio Accessories Co.Court of Appeals for the Eighth Circuit · 1942
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