Allegheny Valley Brick Co. v. C. W. Raymond Co.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Western District of New York. This cause comes here on writ of error to the District Court of the United States for the Western District of New York to review a judgment entered on February 3, 1914, in favor of the plaintiff, the C. W. Raymond Company, for" the sum of $3,250.50 damages, together with the sum of $255.74 costs.
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In Error to the District Court of the United States for the Western District of New York. This cause comes here on writ of error to the District Court of the United States for the Western District of New York to review a judgment entered on February 3, 1914, in favor of the plaintiff, the C. W. Raymond Company, for" the sum of $3,250.50 damages, together with the sum of $255.74 costs. The plaintiff below, the C. W. Raymond Company, is a corporation organized and existing under and by virtue of the laws of the state of Ohio, resident and doing business in Dayton, in said state, and will be…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). The plaintiff corporation- is a manufacturer of brick-making machinery of all kinds, and also of brick kilns, and among the latter of the Youngren *480patented continuous fire kilns. It entered into the two written contracts referred to in the preliminary statement.
[1,2] The first of the two contracts is the one in which plaintiff agreed to furnish defendant with complete working drawings for the construction of a kiln and did not specify a time within which delivery was to be made. Defendant in its answer, however, alleged that delivery was agreed to be made…
2Cases cited2 opinions
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- Sylvan Crest Sand & Gravel Co. v. United StatesCourt of Appeals for the Second Circuit · 1945
- Commercial Metals Co. v. International Union Marine Corp.District Court, S.D. New York · 1968
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