Legal Opinion

Buchman v. Millville Mfg. Co.

Court of Appeals for the Second Circuit

Decided February 7, 1927No. 124PublishedCited by 4 opinions

1Opinion of the CourtHand, Circuit Judge

(after stating the facts as above). We take up the objections to the recovery in the order that they are presented. The first is that the plaintiff’s notice of May 13,1920, said to vary the terms of the broker’s bought and sold notes, was a counter-offer, which prevented the closing of a contract. This notice was clearly intended to be nothing but an advice that the defendants’ order had been entered on the plaintiff’s, books, and a description of what the plaintiff „ supposed to be its terms. It was not at all an' offer of itself. Such variations as can be spelled out from it make no…

2Cases cited5 opinions

  1. Butler v. ThomsonSupreme Court of the United States · 1876
  2. Lillard v. Kentucky Distilleries & Warehouse Co.Court of Appeals for the Sixth Circuit · 1904
  3. Campfield v. SauerCourt of Appeals for the Sixth Circuit · 1911
  4. Stamey v. HempleCourt of Appeals for the Ninth Circuit · 1910
  5. Firestone Tire & Rubber Co. v. Riverside Bridge Co.Court of Appeals for the Sixth Circuit · 1918

3Cited by4 opinions

  1. Lannom Manufacturing Co. v. Strauss Co.Supreme Court of Iowa · 1944
  2. Lerman v. Fruit Processors, Inc.Court of Appeals for the D.C. Circuit · 1951
  3. (PC) Dijkstra v. CamposDistrict Court, E.D. California · 2021
  4. Miller-Crenshaw Co. v. Colorado Mill & Elevator Co.Court of Appeals for the Eighth Circuit · 1937

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