Legal Opinion

Fireside Marshmallow Co. v. Frank Quinlan Const. Co.

Court of Appeals for the Eighth Circuit

Decided October 28, 1952No. 14641_1PublishedCited by 7 opinions

1Opinion of the Court

COLLET, Circuit Judge.

Plaintiff-appellant made a contract, in writing, with defendant on June 14, 1950, for the installation of a mastical heavy duty trucking floor in the building occupied by plaintiff in Kansas City, Kansas. Defendant engaged a subcontractor to install the floor. The subcontractor commenced laying the floor on June 30, 1950. This type of floor was supposed to dry quickly and it was anticipated that it could be used within 48 hours. It did not dry. as quickly as expected. The subcontractor claimed that was because plaintiff would not permit the building to be opened (it was…

2Cases cited3 opinions

  1. Gins v. Mauser Plumbing Supply Co.Court of Appeals for the Second Circuit · 1945
  2. Gipps Brewing Corp. v. Central Manufacturers' Mut. Ins.Court of Appeals for the Seventh Circuit · 1945
  3. Duty v. KeithSupreme Court of Arkansas · 1935

3Cited by7 opinions

  1. Nab v. HillsIdaho Supreme Court · 1969
  2. Fireside Marshmallow Co. v. Frank Quinlan Const. Co.Court of Appeals for the Eighth Circuit · 1954
  3. International Harvester Credit Corp. v. East Coast TruckDistrict Court, S.D. Florida · 1975
  4. Glenwood Range Co. v. Universal Major Elec. Appliances, Inc.District Court, D. Maryland · 1954
  5. BHP Petroleum Co., Inc. v. OkieWyoming Supreme Court · 1992

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