Legal Opinion
Mills v. Smith Baking Co.
Nebraska Supreme Court
Decided June 9, 1939No. 30625PublishedCited by 9 opinions
1Opinion of the CourtCarter, J.
This action was commenced by plaintiff to recover $2,758.51 for flour delivered under written contracts between December 5, 1935, and January 30, 1936. Defendant in its answer and counter-claim contends that it is entitled to recover $1.38 on each of 3,120½ barrels of flour sold by plaintiff to defendant from May 2, 1934, to January 6, 1936. A jury was waived and a trial had to the court. Judgment was for the plaintiff for the full amount and defendant appeals.
The delivery and contract price of the flour are not disputed. The question to be determined is the right of the defendant to recover…
2Cases cited6 opinions
- United States v. ButlerSupreme Court of the United States · 1936
- Wayne County Produce Co. v. Duffy-Mott Co.New York Court of Appeals · 1927
- Planters Nut & Chocolate Co. v. Brown-Murray Co.Superior Court of Pennsylvania · 1937
- Zinsmaster Baking Co. v. Commander Milling Co.Supreme Court of Minnesota · 1937
- Dorland v. City of HumboldtNebraska Supreme Court · 1935
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Southern Biscuit Co. v. LloydSupreme Court of Virginia · 1940
- Stemerman v. AckermanCourt of Chancery of Delaware · 1962
- J. A. Campbell Co. v. Holsum Baking Co.Washington Supreme Court · 1942
- United States v. Kansas Flour Mills Corp.Supreme Court of the United States · 1941
- Mark S. Welfl, Appellant\cross-Appellee v. Northland Insurance Company, Appellee/cross-AppellantCourt of Appeals for the Eighth Circuit · 1999
4 more not listed; retrieve them via the Exa API.