Magna Oil & Refining Co. v. White Star Refining Co.
Court of Appeals for the Third Circuit
In Error to the District Court of the United States for the District of Delaware; Hugh M. Morris, Judge. Action by the White Star Refining Company against the Magna Oil & Refining Company. Judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the District of Delaware; Hugh M. Morris, Judge. Action by the White Star Refining Company against the Magna Oil & Refining Company. Judgment for plaintiff, and defendant brings error. The charge was as follows, the parts covered by the syllabus being the parts assigned as error: Gentlemen of the jury: The plaintiff, White Star Refining Company, a Michigan corporation, seeks by this action to recover from the defendant Mag-na Oil & Refining Company, a Delaware corporation, damages for an alleged breach of a contract made between the…
1Opinion of the Court
DAVIS, Circuit Judge.
The plaintiff below, a Michigan corporation, brought suit against the defendant below, a Delaware corporation, to recover damages for breach of a contract dated October 22, 1919, wherein defendant agreed to sell and plaintiff to purchase 100,000 barrels of crude oil in approximately equal daily quantities during the period of 90 days beginning November 1, 1919, and ending January 28, 1920, at $1.60 per barrel, “time being the essence” of the contract. The plaintiff was to make all necessary arrangements to receive the oil at the wells of the seller during the period, and…
2Cases cited8 opinions
- Marshall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1854
- Railroad Company v. HarrisSupreme Court of the United States · 1871
- Sun Printing and Publishing Assn. v. EdwardsSupreme Court of the United States · 1904
- Ohio & Mississippi Railroad v. WheelerSupreme Court of the United States · 1862
- Memphis & Charleston Railroad v. AlabamaSupreme Court of the United States · 1883
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3Cited by5 opinions
- Weed v. Lyons Petroleum Co.District Court, D. Delaware · 1923
- Keith County v. Methodist Children's HomeNebraska Supreme Court · 1942
- Leonard v. BennettCourt of Appeals for the Ninth Circuit · 1940
- Hummel v. United StatesUnited States Court of Claims · 1923
- Fehlhaber v. Indian Trails, Inc.District Court, D. Delaware · 1968