Erie Baking Co. v. Hubbard Milling Co.
Court of Appeals for the Third Circuit
In Error to the District Court of the United States for the Western District of Pennsylvania; Charles P. Orr, Judge. Action at law by the Hubbard Milling Company against the Erie Baking Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
J. B. McPHERSON, Circuit Judge.
In this suit the Hubbard Milling Company, of M innesota, charged the Erie Baking Company, of Pennsylvania, with breaking a contract made in September, 1910, to accept 10,000 barrels of flour at an agreed price. Deliveries were to be made during the five months immediately following, and the flour was to conform in quality to a specified standard. Of the first installment 750 barrels were shipped, accepted, and paid for, but (although they were tested and accepted) the Baking Company declared itself not satisfied with the quality, and on October 24th announced…
2Cases cited1 opinion
- Ridgeway Dynamo & Engine Co. v. Pennsylvania Cement Co.Supreme Court of Pennsylvania · 1908
3Cited by8 opinions
- Larabee Flour Mills Co. v. CarignanoCourt of Appeals for the Tenth Circuit · 1931
- Yerxa, Andrews & Thurston v. Randazzo MacAroni Manufacturing Co.Supreme Court of Missouri · 1926
- Sheffield-King Milling Co. v. JacobsWisconsin Supreme Court · 1920
- Standard Tilton Milling Co. v. TooleSupreme Court of Alabama · 1931
- Rock v. GaedeSupreme Court of Kansas · 1922
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