Central Commercial Co. v. Jones-Dusenbury Co.
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois. Action hy the Jones-Dusenbury. Company against the Central Commercial Company. There was a judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois. Action hy the Jones-Dusenbury. Company against the Central Commercial Company. There was a judgment for plaintiff, and defendant brings error. Defendant in error, herein called plaintiff, brought suit in assumpsit against plaintiff in error, termed defendant herein, in the District Court of the United States for the Northern District of Illinois, Eastern Division, laying its damages at $4,500, for damages growing out of defendant’s refusal to accept and pay for certain rosin…
1Opinion of the CourtKohlsaat, Circuit Judge
(after stating the facts as above). [1, 2] The trial court found that the contract was ambiguous in respect to the intention of the parties with regard to the matter of possession. To make the terms clear he admitted proof of the custom of the trade and the course of business between the parties, showing in whose name the warehouse receipts were taken out, the methods followed in loading into cars, payment, and evidence as to other matters involved deemed obscure in the contract, and necessary in arriving at an understanding of the conduct of the parties following their agreement.
We are of…
2Cases cited32 opinions
- Barry v. EdmundsSupreme Court of the United States · 1886
- Merchants Heat & Light Co. v. J. B. Clow & SonsSupreme Court of the United States · 1907
- Wetmore v. RymerSupreme Court of the United States · 1898
- Shappirio v. GoldbergSupreme Court of the United States · 1904
- Hilton v. DickinsonSupreme Court of the United States · 1883
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3Cited by13 opinions
- York v. Guaranty Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1944
- Kimel v. Missouri State Life Ins. Co.Court of Appeals for the Tenth Circuit · 1934
- United States v. Aluminum Co. of AmericaDistrict Court, S.D. New York · 1940
- Fratto v. Northern Insurance Company of New YorkDistrict Court, W.D. Pennsylvania · 1965
- Haney v. WilcheckDistrict Court, W.D. Virginia · 1941
8 more not listed; retrieve them via the Exa API.