Foss-Schneider Brewing Co. v. Bullock
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Western Division of the Southern District of Ohio. At Law. Action hy Thomas O. Bullock and Lydia P. Bullock against the Foss-Schneider Brewing Company to recover for goods sold and delivered. Verdict for plaintiffs directed hy the court, and judgment for' plaintiffs thereon. Defendant brings error.
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In Error to the Circuit Court of the United States for the Western Division of the Southern District of Ohio. At Law. Action hy Thomas O. Bullock and Lydia P. Bullock against the Foss-Schneider Brewing Company to recover for goods sold and delivered. Verdict for plaintiffs directed hy the court, and judgment for' plaintiffs thereon. Defendant brings error. Statement hy TAET, Circuit Judge: This' was an action begun in the circuit court for the southern district of Ohio November 12, 1891, to recover $2,215.67, as the balance claimed to be due to T. O. Bullock and Lydia P. Bullock, partners as…
1Opinion of the Court
TAFT, Circuit Judge,
(after stating the facts.) The plea of the statutes of limitation was properly held bad. The argument on behalf of the defendant below was that, if the Burger contract was in force against the brewing company, that company bad repudiated it early in the year 1885, so that Bullock & Co. might have brought an action for its breach in January or February of that year, more than six years before the filing of the petition. The fallacy of this argument is that the action is here for goods actually sold and delivered to the brewing company. Such an action accrued upon the…
2Cases cited5 opinions
- Dingley v. OlerSupreme Court of the United States · 1886
- Smoot's CaseSupreme Court of the United States · 1873
- Cleveland Rolling Mill v. RhodesSupreme Court of the United States · 1887
- Indiana Mfg. Co. v. HayesSupreme Court of Pennsylvania · 1893
- Texas v. ChilesSupreme Court of the United States · 1871
3Cited by18 opinions
- Reading Steel Casting Co. v. United StatesSupreme Court of the United States · 1925
- Heery v. ReedSupreme Court of Kansas · 1909
- Penn-Ohio Steel Corporation v. The United StatesUnited States Court of Claims · 1965
- In re NeffCourt of Appeals for the Sixth Circuit · 1907
- United States Potash Co. v. McNuttCourt of Appeals for the Tenth Circuit · 1934
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