Jackson Phosphate Co. v. Caraleigh Phosphate & Fertilizer Works
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Eastern District of North Carolina, at Raleigh; H. G. Connor, Judge. Action by the Jackson Phosphate Company against the Caraleigh Phosphate & Fertilizer Works. Judgment for defendant, and plaintiff brings error. The plaintiff firm is a copartnership engaged in mining and manufacturing phosphate rock at Mt.
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In Error to the District Court of the United States for the Eastern District of North Carolina, at Raleigh; H. G. Connor, Judge. Action by the Jackson Phosphate Company against the Caraleigh Phosphate & Fertilizer Works. Judgment for defendant, and plaintiff brings error. The plaintiff firm is a copartnership engaged in mining and manufacturing phosphate rock at Mt. Pleasant, Tenn., and the defendant is a North Carolina corporation engaged in manufacturing fertilizer at Raleigh, N. C. The plaintiff in error will be referred to as “plaintiff” and the defendant in error will be referred to as…
1Opinion of the CourtPritchard, Circuit Judge
(after stating the facts as above). The principal question involved herein is as to the proper construction of that portion of the contract which relates to shipments. Counsel for the respective parties differ widely as to the construction to be placed upon this clause.
It is contended by counsel for plaintiff that by this contract the defendant agreed to purchase 2,000 tons of phosphate rock, 10 per cent, more or less at the seller’s option, at the price of $6 per ton, 2,240 pounds f. o. b. cars at mines of plaintiff; that, while there was no arbitrary date fixed on or before which ■ all this…
2Cases cited3 opinions
- Coal Co. v. . Ice Co.Supreme Court of North Carolina · 1904
- Samuel H. Cottrell & Son v. Smokeless Fuel Co.Court of Appeals for the Fourth Circuit · 1906
- Fish v. HamiltonCourt of Appeals for the Second Circuit · 1901
3Cited by6 opinions
- W. H. Goff Co. v. Lamborn & Co.Court of Appeals for the Fifth Circuit · 1922
- Union Bleaching & Finishing Co. v. Barker Fuel Co.Supreme Court of South Carolina · 1923
- Acme Mfg. Co. v. Arminius Chemical Co.Court of Appeals for the Fourth Circuit · 1919
- Kunglig Jarnvagsstyrelsen v. National City BankCourt of Appeals for the Second Circuit · 1927
- Dant & Russell, Inc. v. Grays Harbor Exportation Co.Court of Appeals for the Ninth Circuit · 1939
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