Legal Opinion
Vernon Lumber Corp. v. Harcen Const. Co.
Court of Appeals for the Second Circuit
Decided May 15, 1946No. 263PublishedCited by 14 opinions
1Opinion of the Court
CLARK, Circuit Judge.
In this action for a balance due on a contract for the purchase of lumber, the amount, except for a minor issue involving a question of discount, was stipulated near the beginning of the trial; and the controversy centered upon defendant’s counterclaim for damages for plaintiff’s failure to make deliveries of lumber as agreed. There was no question that plaintiff had not made the deliveries called for by the original contract; but in its reply, plaintiff asserted that its supplier had failed it, and claimed to show that this was due to War Production Board priorities…
2Cases cited8 opinions
- Alsens American Portland Cement Works v. Degnon Contracting Co.New York Court of Appeals · 1917
- Champion Spark Plug Co. v. Automobile Sundries Co.Court of Appeals for the Second Circuit · 1921
- Richard v. American Union BankNew York Court of Appeals · 1930
- Lord Construction Co. v. Edison Portland Cement Co.New York Court of Appeals · 1923
- Mawhinney v. Millbrook Woolen Mills, Inc.New York Court of Appeals · 1922
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Eastern Air Lines, Inc., Plaintiff-Appellant-Cross v. McDonnell Douglas Corporation, Defendant-Appellee-CrossCourt of Appeals for the Fifth Circuit · 1976
- Metropolitan Life Insurance Company v. Lucille L. FugateCourt of Appeals for the Fifth Circuit · 1963
- Jack A. Rainier, in No. 13337 v. Champion Container Company, Irwin R. Weiner, in No. 13338, Ira Earl Robinson and Harry A. RobinsonCourt of Appeals for the Third Circuit · 1961
- United States v. Lennox Metal Manufacturing Co.Court of Appeals for the Second Circuit · 1955
- Rode & Brand v. Kamm Games, Inc.Court of Appeals for the Second Circuit · 1950
9 more not listed; retrieve them via the Exa API.