Legal Opinion

J. L. Metz Furniture Co. v. Thane Lumber Co.

Court of Appeals for the Eighth Circuit

Decided April 7, 1924No. 6393PublishedCited by 6 opinions

In Error to the District Court of the United States for the Eastern District of Arkansas; Jacob Trieber, Judge. Action at law by the J. L. Metz Eurniture Company, Inc., against the Thane Dumber Company. Judgment for defendant, and plaintiff brings error.

1Opinion of the Court

SYMES, District Judge.

The plaintiff in error, the J. L. Metz Furniture Company, plaintiff below, sued the Thane Lumber Company, defendant here and below, for a breach of four contracts for the sale of lumber. The only contracts necessary to discuss here are those of October 31 and November 1, 1919. The plaintiff alleged breach of both, in that the defendant refused to deliver the lumber, or any part of it; at the time specified, and claims damages. The answer admits that plaintiff gave the defendant orders for the lumber referred to, but alleges they were never accepted.

At the conclusion of…

2Cases cited1 opinion

  1. Central Coal & Coke Co. v. George S. Good & Co.Court of Appeals for the Eighth Circuit · 1903

3Cited by6 opinions

  1. City of Del Rio v. Ulen Contracting CorporationCourt of Appeals for the Fifth Circuit · 1938
  2. United States v. Russell Electric Co.District Court, S.D. New York · 1965
  3. S. S. Silberblatt, Inc. v. Seaboard Surety Co.Court of Appeals for the Eighth Circuit · 1969
  4. J. B. Service Court v. WhartonWyoming Supreme Court · 1981
  5. Wheatley v. DrennenSupreme Court of Arkansas · 1945

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