Namquit Worsted Co. v. Whitman
Court of Appeals for the First Circuit
In Error to the District Court of the United States for the District of Rhode Island; Arthur R. Brown, Judge. Action by William Whitman and others against the Namquit Worsted Company. Judgment for plaintiff (206 Eed. 549), and defendant brings error. The action was on a contract for the sale of— “50,000 lbs. 3-grade white worsted yarn for delivery during Oct., Nov., and Dec., ’09, on following basis of prices: 2/32 on dresser spools, 97c. 1/24 on bobbins, 89c.”
1DissentBingham, Circuit Judge
In the District Court it was ruled that it was only equitable the defendants should be required to pay as damages the difference between the contract price and the cost of spinning the yarn in such one of the ways stipulated in the contract as would produce the least profit, and the plaintiffs were allowed hr recover as damages the difference between the cost of manufacture to the Arlington Mills of yarn so spun and the contract price of that article. I am unable to agree to this proposition. There was no evidence as to what the market price of yarn so spun was, whether greater or less than…
2Cases cited6 opinions
- Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
- Western Union Telegraph Co. v. HallSupreme Court of the United States · 1888
- Western Union Telegraph Co. v. KerrCourt of Appeals of Texas · 1893
- Helms v. Telegraph Co.Supreme Court of North Carolina · 1906
- Rogers v. Western Union Tel. Co.Supreme Court of South Carolina · 1905
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