Legal Opinion
Mexican Petroleum Corp. of Louisiana, Inc. v. North German Lloyd
District Court, E.D. Louisiana
Decided December 16, 1926No. 18552PublishedCited by 2 opinions
1Opinion of the Court
BURNS, District Judge.
An exception of no cause of action was filed by respondent to the libel herein, upon the ground that the contract of affreightment, sued upon for damages for a breach, is a nudum pactum for want of consideration or mutuality appearing upon the face of the instrument.
The pertinent parts of the contract are:
“New Orleans, June 29, 1926.
“Mexican Petroleum Corp. of La., Inc., Shipper.
“Farrell Shipping Company, Inc., Broker.
“We confirm engagement to-day of (see reverse side) per S. S. of the North German Lloyd and/or Roland Line, A. G. for Hamburg, Germany, at $4.50 per ton of…
2Cases cited13 opinions
- Watts v. CamorsSupreme Court of the United States · 1885
- Marx v. American Malting Co.Court of Appeals for the Sixth Circuit · 1909
- Lima Locomotive & Machine Co. v. National Steel Castings Co.Court of Appeals for the Sixth Circuit · 1907
- Texas Co. v. Pensacola Maritime Corp.Court of Appeals for the Fifth Circuit · 1922
- Manhattan Oil Co. v. Richardson Lubricating Co.Court of Appeals for the Second Circuit · 1902
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3Cited by2 opinions
- Central States Power & Light Corp. v. United States Zinc Co.Court of Appeals for the Tenth Circuit · 1932
- Rodriguez v. Taylor & Francis Group LLCDistrict Court, D. Arizona · 2024