Legal Opinion
Morris v. Prefabrication Engineering Co. Prefabrication Engineering Co. v. Morris
Court of Appeals for the Fifth Circuit
Decided April 7, 1950No. 12772_1PublishedCited by 10 opinions
1Opinion of the Court
WALLER, Circuit Judge.
This action was brought to rescind a contract and to recover a deposit of $4,000' paid as an advance on the purchase price of certain wedges and bolts under that contract. The lower Court on a former trial found for the plaintiff and entered a judgment for $4,000, less the value ($20.25) of 675 bolts and wedges delivered by the defendant and admittedly used by the plaintiff.
On appeal this Court sustained the findings of the trial Court that time was of the essence of the contract; that defendant had failed to ship within the time provided for in the contract; and that…
2Cases cited5 opinions
- Fletcher v. KriseCourt of Appeals for the D.C. Circuit · 1941
- Board of Public Instruction for County of Hernando v. MeredithCourt of Appeals for the Fifth Circuit · 1941
- Morris v. Prefabrication Engineering Co.Court of Appeals for the Fifth Circuit · 1947
- Service Finance Corp. v. CoppardCourt of Appeals for the Fifth Circuit · 1940
- United States v. FreemanDistrict Court, D. Massachusetts · 1941
3Cited by10 opinions
- Rolfe v. SwearingenCourt of Appeals of Texas · 1951
- Berry v. Atlantic Coast Line Railroad CompanyCourt of Appeals for the Fourth Circuit · 1960
- Sánchez v. de Choudens CobiánSupreme Court of Puerto Rico · 1954
- Cessna Finance Corp. v. Mesilla Valley Flying Service, Inc.New Mexico Supreme Court · 1969
- United States v. Pete Brown Enterprises, Inc.District Court, N.D. Mississippi · 1971
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