Meyer v. Everett Pulp & Paper Co.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Northern Division of the Western District of Washington. Action by H. D E. Meyer and others, doing business as Meyer, Wilson & Co., against the Everett Pulp & Paper Company. Judgment for defendant (184 Fed. 945), and plaintiffs bring error. This is an action to recover for certain China clay sold and delivered by ihe plaintiffs to the defendant.
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In Error to the Circuit Court of the United States for the Northern Division of the Western District of Washington. Action by H. D E. Meyer and others, doing business as Meyer, Wilson & Co., against the Everett Pulp & Paper Company. Judgment for defendant (184 Fed. 945), and plaintiffs bring error. This is an action to recover for certain China clay sold and delivered by ihe plaintiffs to the defendant. The character of the questions involved necessitates setting forth the pleadings with some particularity. The complaint sots forth that on October lf5, 1906, plaintiffs and defendant entered…
1Opinion of the CourtWolverton, District Judge
(after stating the facts as above). The plaintiffs, to support the allegations of the complaint, offered the contract of sale in evidence, which, so far as it has relevancy here, is as follows;
“Portland, Oregon, October 15, 1906.
“Messrs. Everett Pulp & Paper Co., Everett, Wash.
“Bought of Meyer, Wilson & Co., 338 Sherlock Building.
“Terms: Net cash.
“Payable in IT. S. gold coin as delivered.
“About three hundred (300) to four hundred (400) tons, of 2,240 lbs. each, China clay in casks, P. X. Y. brand at seventy cents (70 cts.) per 100 lbs. net invoice weight ex ship at Beattie, Wash.
“This sale is…
2Cases cited12 opinions
- Pope v. AllisSupreme Court of the United States · 1885
- Davis Calyx Drill Co. v. MalloryCourt of Appeals for the Eighth Circuit · 1905
- Morse v. BrackettMassachusetts Supreme Judicial Court · 1867
- Manss-Bruning Shoe Co. v. PrinceWest Virginia Supreme Court · 1902
- Beirne and Burnside v. . DordNew York Court of Appeals · 1851
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3Cited by7 opinions
- James Arena v. United StatesCourt of Appeals for the Ninth Circuit · 1955
- Hall v. United StatesCourt of Appeals for the Ninth Circuit · 1931
- Rasmussen v. United StatesCourt of Appeals for the Ninth Circuit · 1925
- National Surety Co. v. Globe Grain & Milling Co.Court of Appeals for the Ninth Circuit · 1919
- Prosser v. ChapmanCourt of Appeals for the Fourth Circuit · 1924
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