Legal Opinion
Merrill Lynch, Pierce, Fenner and Smith, Inc. v. B.C. Rogers and Sons, Inc.
Court of Appeals for the Fifth Circuit
Decided January 31, 1983No. 82-4324PublishedCited by 4 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
This appeal arises out of a diversity action in which plaintiff Merrill Lynch, Pierce, Fenner and Smith, Inc. sought to recover $39,375 under its written contract with defendant B.C. Rogers and Sons, Inc. After a bench trial, the district court denied Merrill Lynch relief, holding that B.C. Rogers’ obligation to pay was excused by the nonoccurrence of an event that was central to the contract’s purpose. Finding no error in the court’s ruling, we affirm.
The events leading to this contract dispute began in late 1979 when B.C. Rogers, a closely held…
2Cases cited4 opinions
- Pfisterer v. NobleMississippi Supreme Court · 1975
- Piaggio v. SomervilleMississippi Supreme Court · 1918
- Browne & Bryan Lumber Co. v. ToneyMississippi Supreme Court · 1940
- Gulf & S. I. R. v. HornMississippi Supreme Court · 1924
3Cited by4 opinions
- National Iranian Oil Company v. Ashland Oil, Inc.Court of Appeals for the Fifth Circuit · 1987
- In The Matter Of Chicago, Rock Island And Pacific Railroad CompanyCourt of Appeals for the Seventh Circuit · 1988
- Appeal of Texas North Western Railway Co. v. Diamond Shamrock Refining & Marketing Co. (In re Chicago, Rock Island & Pacific Railroad)Court of Appeals for the Seventh Circuit · 1988
- Miller v. Talton Telecommunications Corp.District Court, S.D. Mississippi · 1995