St. Louis Paper-Box Co. v. J. C. Hubinger Bros.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Southern District of Iowa. The St. Louis Paper-Box Company, the plaintiff in error, is a Missouri corporation engaged in the business of manufacturing cartons. The J. C. Hubinger Bros. Company, the defendant in error, is an Iowa corporation engaged in the manufacture of starch, at Keokuk, in that state. The starch is put up for sale in cartons.
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In Error to the Circuit Court of the United States for the Southern District of Iowa. The St. Louis Paper-Box Company, the plaintiff in error, is a Missouri corporation engaged in the business of manufacturing cartons. The J. C. Hubinger Bros. Company, the defendant in error, is an Iowa corporation engaged in the manufacture of starch, at Keokuk, in that state. The starch is put up for sale in cartons. The parties entered into the following contract: “St. Louis, Mo., January 12, 1897. “J. C. Hubinger Brothers Company, Keokuk, Iowa — Gentlemen: We will furnish you with three (3) millions of…
1Opinion of the Court
'CALDWELL, Circuit Judge,
after stating the case as above, delivered the opinion of the court.
The gravamen of the complaint was that the plaintiff, in compliance with the contract, manufactured a large quantity of cartons, and shipped them to the defendant, “but tbe defendant, in utter disregard of its contract and tbe terms and conditions thereof, refused to receive” them. The answer denied that the cartons complied with the contract, and averred that they “were absolutely worthless,” and could not be used; and that the defendant offered to return them, and the plaintiff refused to receive…
2Cases cited3 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Brawley v. United StatesSupreme Court of the United States · 1878
- United States v. Pine River Logging & Improvement Co.Court of Appeals for the Eighth Circuit · 1898
3Cited by3 opinions
- Napier v. GreenzweigCourt of Appeals for the Second Circuit · 1919
- H. D. Williams Cooperage Co. v. ScofieldCourt of Appeals for the Eighth Circuit · 1902
- Missouri Pacific Railway Co. v. DorrSupreme Court of Kansas · 1906