W. M. Ritter Lumber Co. v. Lestershire Lumber & Box Co.
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Northern District of New York. On writ of error to review a judgment for $24,397.33 damages, interest and costs, entered April 17, 1900. in favor of the plaintiff for damages occasioned by the failure of the defendant to deliver lumber to the plaintiff pursuant to an order for 4,000,000 feet of lumber, dated January 2, 1902, which order was duly accepted by ihe defendant.
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In Error to the Circuit Court of the United States for the Northern District of New York. On writ of error to review a judgment for $24,397.33 damages, interest and costs, entered April 17, 1900. in favor of the plaintiff for damages occasioned by the failure of the defendant to deliver lumber to the plaintiff pursuant to an order for 4,000,000 feet of lumber, dated January 2, 1902, which order was duly accepted by ihe defendant. The case comes here upon the pleadings, report and memorandum of the referee and also upon the opinion of the judge of the Circuit Court, delivered upon plaintiff’s…
1Per curiam
The order out of which this controversy arises is as follows:
“Lestershire, N. Y., Jan. 2, 1902.
“W. M. Ritter Lumber Co.. Columbus. Ohio:
“You may enter our order for 4.000,000 feet of shipping cull poplar of same grading as that furnished ns by yon during the year 1901 and in accordance with our contract dated February 18, 1901. It is understood that this stock will be dry and in condition to work on arrival. Shipments aro to be made during the year 1902 as we direct, and all the 4,000,000 feet is to be taken on or before January 7, 1903. It is also understood that you will deliver this stock…
2Cases cited5 opinions
- St. Louis v. RutzSupreme Court of the United States · 1891
- United States v. PeckSupreme Court of the United States · 1880
- Empire State Type Founding Co. v. GrantNew York Court of Appeals · 1889
- Chicago, M. & St. P. Ry. Co. v. ClarkCourt of Appeals for the Second Circuit · 1899
- Lestershire Lumber & Box Co. v. W. M. Ritter Lumber Co.Court of Appeals for the Second Circuit · 1907
3Cited by1 opinion
- Ten Broeck Tyre Co. v. Rubber Trading Co.Court of Appeals of Kentucky · 1919