Alden Speare's Sons Co. v. Hubinger
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Southern District of Iowa. This case was tried in the lower court on a complaint filed by the Alden Speare’s Sons Company, the plaintiff in error, which contained the following allegations: “On or about January 5, 1900, plaintiff sold to defendant ten car loads of wheat starch at the agreed price of 5% cents per pound f. o. b.
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In Error to the Circuit Court of the United States for the Southern District of Iowa. This case was tried in the lower court on a complaint filed by the Alden Speare’s Sons Company, the plaintiff in error, which contained the following allegations: “On or about January 5, 1900, plaintiff sold to defendant ten car loads of wheat starch at the agreed price of 5% cents per pound f. o. b. Indianapolis, Indiana, to be shipped on or before and after July 1, 1900, to J. C. Hubinger Company, Indianapolis, Indiana,- as ordered by defendant. Said ten car loads of starch to aggregate 381,710 pounds, and…
1Opinion of the CourtThayer, Circuit Judge
It will be observed that the complaint on which the case was tried failed to show the market value of the starch at the time and place of delivery. Neither did it contain an allegation that there had been a decline in the market value of the commodity intermediate the sale and the time of delivery, nor an express allegation that the plaintiff had sustained damage. The action seems to have been brought on the theory that it was sufficient to allege that at the sale made in Boston in March, 1901, nearly nine months after the time of delivery specified in the contract, the starch did not bring…
2Cases cited4 opinions
- Moore v. . PotterNew York Court of Appeals · 1898
- Brownlee v. BoltonMichigan Supreme Court · 1880
- M'Combs v. M'KennanSupreme Court of Pennsylvania · 1841
- Tripp v. Forsaith MacHine Co.Supreme Court of New Hampshire · 1897
3Cited by2 opinions
- Hartman Pacific Co. v. EsteeWashington Supreme Court · 1923
- S. M. Fleming Co. v. EdmondsTennessee Supreme Court · 1922