Kokomo Steel & Wire Co. v. Republic of France
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the District of Indiana. Action by the Republic of France against the Kokomo Steel & Wire Company for breach of contract for the sale of barbed wire. Judgment for the plaintiff, and defendant brings error.
1Opinion of the Court
BAKER, Circuit Judge.
Judgment was rendered against Koko-mo Company for damages resulting from its refusal to complete deliveries of barbed wire to the republic of France. It attempted to jus-*919ti fy its stand on the ground that the buyer had first ref used to pay for further deliveries, except on terms that violated the contract as signed, and especially violated the contract as practically construed by the acts of the parties during its partial execution.
Parts of the contract, material to the decision, are these:
“Price, $2.98 per Inmdred pounds, f. a. s. New York City.”
“Packing: Wire shall be…
2Cases cited13 opinions
- Warren v. StoddartSupreme Court of the United States · 1882
- United States v. R. P. Andrews & Co.Supreme Court of the United States · 1907
- Lawrence v. PorterCourt of Appeals for the Sixth Circuit · 1894
- McKnight v. . DunlopNew York Court of Appeals · 1851
- Delaware, Lackawanna & Western Railroad v. United StatesSupreme Court of the United States · 1913
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Purington Paving Brick Co. v. Metropolitan Paving Co.Court of Appeals for the Eighth Circuit · 1925
- Southern Railway System v. Leyden Shipping Corp.District Court, S.D. New York · 1968
- Royal Italian Government v. National Brass & Copper Tube Co.Court of Appeals for the Second Circuit · 1923
- Jenkins v. United StatesUnited States Customs Court · 1945
- Lagerloef Trading Co. v. American Paper Products Co.Court of Appeals for the Seventh Circuit · 1923
4 more not listed; retrieve them via the Exa API.