Legal Opinion
E.W. Wylie Corp. v. Menard, Inc.
North Dakota Supreme Court
Decided October 31, 1994No. Civ. 940078PublishedCited by 5 opinions
1Opinion of the Court
MESCHKE, Justice.
E.W. Wylie Corporation (Wylie) appeals from a judgment denying it collection of unpaid freight charges from Menard, Inc. (Me-nard). Because contract law governs, we affirm.
Menard, located at Eau Claire, WI, is a retailer of building materials and home improvement products. Menard contracted with IKA Lumber Specialties Inc. (IKA) of Lackawanna, NY, for the purchase of lumber. The purchase orders dated January 11, 1993, called for delivery “F.O.B. Eau Claire” with “freight prepaid.” The contract thus required IKA to pay the freight charges for transporting the shipments to…
2Cases cited40 opinions
- Reiter v. CooperSupreme Court of the United States · 1993
- Maislin Industries, U. S., Inc. v. Primary Steel, Inc.Supreme Court of the United States · 1990
- Louisville & Nashville Railroad v. MaxwellSupreme Court of the United States · 1915
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. FinkSupreme Court of the United States · 1919
- Louisville & Nashville Railroad v. Central Iron & Coal Co.Supreme Court of the United States · 1924
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3Cited by5 opinions
- Marine Bank v. Taz's Trucking Inc.Wisconsin Supreme Court · 2005
- Universal Truckload, Inc. v. Dalton Logistics, IncCourt of Appeals for the Fifth Circuit · 2020
- Western Home Transport, Inc. v. Hexco, LLCDistrict Court, D. North Dakota · 2014
- Marine Bank v. Taz's Trucking Inc.Court of Appeals of Wisconsin · 2004
- Landstar Express America Inc v. Nexteer Automotive CorporationMichigan Court of Appeals · 2017