Ozmo Oil Refining Co. v. Cotton & Co.
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Southern Division of the Northern District of California; William C. Van Fleet, Judge. Action at law by Cotton & Co., Incorporated, against the Ozmo Oil Refining Company and Petroleum Products Company. Judgment for plaintiff, and defendants bring error. ■The defendant in error brought an action against the plaintiff in error to recover damages for breach of contract.
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In Error to the District Court of the United States for the Southern Division of the Northern District of California; William C. Van Fleet, Judge. Action at law by Cotton & Co., Incorporated, against the Ozmo Oil Refining Company and Petroleum Products Company. Judgment for plaintiff, and defendants bring error. ■The defendant in error brought an action against the plaintiff in error to recover damages for breach of contract. The parties will be named plaintiff and defendant as in the court below. The case was tried before the court without a jury.' The following is the substance of the…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The defendant took no exception to any of the findings of fact and made no request for findings in its favor. Under the well-settled principles of practice in the federal courts, the only question open to discussion in this court is whether the findings of fact sustain the conclusion of law.
[ 1 ] It is contended that the notice of resale given by the plaintiff to the defendant was insufficient to form the basis of a demand for damages arising out of loss of profits, in that the notice made no mention of the market in which the wax had been resold, and no…
2Cases cited7 opinions
- Guetzkow Bros. v. A. H. Andrews & Co.Wisconsin Supreme Court · 1896
- Campfield v. SauerCourt of Appeals for the Sixth Circuit · 1911
- Benton v. J. A. Fay & Co.Illinois Supreme Court · 1872
- Howard Supply Co. v. WellsCourt of Appeals for the Sixth Circuit · 1910
- Kentucky Distilleries & Warehouse Co. v. LillardCourt of Appeals for the Sixth Circuit · 1908
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3Cited by2 opinions
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