Moller v. Herring
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Southern District of Texas; J. C. Hutcheson, Judge. Action at law by A. D. Moller against E. E. Herring. From a judgment in his favor, plaintiff brings error.
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In Error to the District Court of the United States for the Southern District of Texas; J. C. Hutcheson, Judge. Action at law by A. D. Moller against E. E. Herring. From a judgment in his favor, plaintiff brings error. This case concerns a contract between the parties for the recovery and delivery by the plaintiff to the defendant of a lot of stranded cotton, carried away from the Moody & Oo. compress at Galveston, Tex., by the memorable storm of August 16, 1915, and scattered along the coast on the mainland opposite Galveston. The ease was once before here, where the judgment below,…
1Opinion of the CourtSheppard, District Judge
(after stating the facts as above). [ 1 ] Tbe plaintiff complains by his general assignment that the court erred in giving judgment in his favor for only $1,070, and allowing him only $7.50 per bale for 52 bales loaded on cars, and disallowing bis claim in toto on 458 bales delivered to the receiver.
It lias been seen that plaintiff claims damages for a breach of contract, but the contract required a delivery of the coiton “f. o. b. cars,” and it is plain that there was delivery of only 68 bales in the manner specified in the contract. That further delivery, as contemplated by the parties, was…
2Cases cited8 opinions
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