Legal Opinion

Société Anonyme des Sucreries de Saint Jean v. Bull Insular Line, Inc.

Court of Appeals for the First Circuit

Decided November 29, 1921No. 1513PublishedCited by 2 opinions

In Error to the District Court of the United States for the District of Porto Rico; Peter J. Hamilton, Judge. Action at law by Société Anonyme des Sucreries de Saint Jean against the Bull Insular Line, Inc. Judgment for defendant, and plain tiff brings error.

1Opinion of the Court

ANDERSON, Circuit Judge.

The court below sustained a demurrer to the plaintiff’s amended complaint, and entered judgment for the defendant. The action is for breach of a written contract made in July, 1916, under which defendant agreed to transport by steamers from San Juan to New York plaintiff’s output of sugar for the five crop years 1917/18 to 1921/22, inclusive, at the rate of 24 cents per 100 pounds. The eleventh paragraph of the contract reads as follows:

“K by reasons oí force majeure either of the parties are unable to carry out this agreement in whole or part, such inability by either…

2Cases cited5 opinions

  1. Columbus Railway, Power & Light Co. v. City of ColumbusSupreme Court of the United States · 1919
  2. Day v. United StatesSupreme Court of the United States · 1917
  3. Crossman v. BurrillSupreme Court of the United States · 1900
  4. McLemore v. Louisiana State BankSupreme Court of the United States · 1875
  5. M. O. H. of West Indies, Inc. v. Christoffer Hannevig, Inc.Court of Appeals for the Second Circuit · 1919

3Cited by2 opinions

  1. Inter-Coast S. S. Co. v. Seaboard Transp. Co.Court of Appeals for the First Circuit · 1923
  2. Israel v. Luckenbach S. S. Co.District Court, S.D. New York · 1922

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