Feuchtwanger v. Manitowoc Malting Co.
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern District of Wisconsin. Action at law by the Manitowoc Malting Compan]'- against Joseph Feuchtwanger, Henry Feuchtwanger, and Aaron Feuchtwanger. Judgment for plaintiff (169 Fed. 983) and defendants bring error. Eór a number of years prior to 1907, plaintiffs in error, sellers of malt, had employed defendant in error to convert their barley into malt.
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In Error to the Circuit Court of the United States for the Eastern District of Wisconsin. Action at law by the Manitowoc Malting Compan]'- against Joseph Feuchtwanger, Henry Feuchtwanger, and Aaron Feuchtwanger. Judgment for plaintiff (169 Fed. 983) and defendants bring error. Eór a number of years prior to 1907, plaintiffs in error, sellers of malt, had employed defendant in error to convert their barley into malt. To cover the season from October 1, 1907, to October 1, 1908, they entered into the following contract: “This agreement made this 12th day of September, 1907, between the…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above). [1] A contention is presented that the contract is unilateral, unenforceable for want of mutuality, in this: That, while defendant in error covenanted to malt grain for plaintiffs in error, the latter did not agree to deliver grain to be malted. True, they did not so bind themselves in express words; but, taking their express promise to pay monthly for the service and the impossibility of defendant in error’s making the agreed monthly deliveries of malt unless the grain was first supplied, undoubtedly the necessary implication respecting the parties’…
2Cases cited7 opinions
- Hudson Canal Co. v. Pennsylvania Coal Co.Supreme Court of the United States · 1869
- Excelsior Wrapper Co. v. MessingerWisconsin Supreme Court · 1903
- Mississippi River Logging Co. v. RobsonCourt of Appeals for the Eighth Circuit · 1895
- W. G. Taylor Co. v. BannermanWisconsin Supreme Court · 1904
- Manistee Iron Works Co. v. Shores Lumber Co.Wisconsin Supreme Court · 1896
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3Cited by9 opinions
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- Ross Engineering Co. v. PaceCourt of Appeals for the Fourth Circuit · 1946
- Wisconsin Steel Co. v. Maryland Steel Co.Court of Appeals for the Seventh Circuit · 1913
- Green v. ShawSupreme Court of South Carolina · 1926
- Taylor Cotton Oil Co. v. Early-Foster Co.Court of Appeals of Texas · 1918
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