Edward P. Allis Co. v. Columbia Mill Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Minnesota. This was an action by the Edward P. Allis Company against the Columbia Mill Company, consolidated with a suit brought by the latter company against the former by an order directing that the cause of action for breach of a guaranty in the Columbia Mill Company's action should be treated as a counterclaim in the consolidated action.
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In Error to the Circuit Court of the United States for the District of Minnesota. This was an action by the Edward P. Allis Company against the Columbia Mill Company, consolidated with a suit brought by the latter company against the former by an order directing that the cause of action for breach of a guaranty in the Columbia Mill Company's action should be treated as a counterclaim in the consolidated action. On the trial in the circuit court the Columbia Mill Company had a verdict. This was a suit growing out of the alleged nonperformance of a contract which was entered into hy and between…
1Opinion of the CourtThayer, Circuit Judge
The alleged error in the proceedings of the trial court to which most prominence is given in the argument of counsel, consists in the admission of certain evidence showing the total output of the Columbia Mill for a period of about 57 days from December 9, 1890, to-February 21, 1891, after the mill had been enlarged, and had been put in operation with the new machinery and appliances which the. Edward P. Allis Company had contracted to furnish and put in operation. It is contended in behalf of the plaintiff in error that it was not competent for the Columbia Mill Company to establish a breach…
2Cases cited2 opinions
- Northern Pac. R. Co. v. CharlessCourt of Appeals for the Ninth Circuit · 1892
- Atchison, T. & S. F. R. Co. v. HowardCourt of Appeals for the Eighth Circuit · 1892
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- Boston Elevated Ry. Co. v. Paul Boyton Co.Court of Appeals for the First Circuit · 1913
- Harless v. United StatesCourt of Appeals for the Eighth Circuit · 1899