Legal Opinion
Secor v. Charles H. Tompkins Co.
District of Columbia Court of Appeals
Decided January 4, 1946No. 336PublishedCited by 3 opinions
1Opinion of the Court
CAYTON, Associate Judge.
The controlling question on this appeal is whether loss caused by damage in transit must be borne by the vendor-consignor or the vendee-consignee.
The transaction involved terra cotta pipe of the total value of $1,582.80, sold by appellant Secor and Company, who was plaintiff below, to appellee Charles H. Tompkins Company. It is admitted that defendant paid $1,492.68 and that the unpaid balance of $90.12 represents the value of the pipe broken in transit and refused by defendant. It is that amount which is in dispute here. The case was presented in the trial court…
2Cases cited11 opinions
- Swift & Co. v. Hocking Valley Railway Co.Supreme Court of the United States · 1917
- United States v. R. P. Andrews & Co.Supreme Court of the United States · 1907
- Standard Casing Co. v. . California Casing Co.New York Court of Appeals · 1922
- Grant v. United StatesSupreme Court of the United States · 1869
- A. J. Neimeyer Lumber Co. v. Burlington & Missouri River RailroadNebraska Supreme Court · 1898
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3Cited by3 opinions
- Daine v. PriceDistrict of Columbia Court of Appeals · 1949
- TeLinde v. Comm'rUnited States Tax Court · 1952
- TeLinde v. CommissionerUnited States Tax Court · 1952