Tanner v. Eagle Bag Corp.
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; Fred D. King, Judge. Action by Frederick Tanner against the Eagle Bag Corporation. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtDawkins, J.
This is an action in damages, ex contractu, for the sum of $5,977.49, alleged to have been suffered by the plaintiff on account of the failure of defendant to deliver, according to contract, five carloads of secondhand sugar bags.
An exception of no cause of action was filed by defendant, but apparently never submitted or passed upon by the lower court.
The answer admits the contract, but avers that on account of circumstances beyond its control, defendant was not able at the time to deliver the shipment as agreed, nor was it under any obligation to deliver when called upon by plaintiff.…
2Cases cited1 opinion
- Campbell v. A. Lambert & Co.Supreme Court of Louisiana · 1884
3Cited by2 opinions
- Simon v. Baltic American Feed CorporationLouisiana Court of Appeal · 1934
- American Rice Milling Co. v. Baltic American Feed Corp.Louisiana Court of Appeal · 1934