Velie Motor Car Co. v. Kopmeier Motor Car Co.
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern District of Wisconsin. Action at law by the Velie Motor Car Company against the Kop-meier Motor Car Company. Judgment for defendant, and plaintiff brings error.
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In Error to the Circuit Court of the United States for the Eastern District of Wisconsin. Action at law by the Velie Motor Car Company against the Kop-meier Motor Car Company. Judgment for defendant, and plaintiff brings error. Following is the opinion of the Circuit Court, by Quarles, District Judge: This is ar a :ti hi at law to recover danmp < for alleged breach of an exec-utory contract entered into between the parties in the words and figures following: [Giren hereinafter, in statement of facts by Kohlsaat, Circuit .luclge.j A general demurrer has been interposed to the reply, which inay…
1Opinion of the CourtKohlsaat, Circuit Judge
(after stating the facts as above). Plaintiff contends that the contract is, in law, an agreement for the sale by plaintiff to defendant of 50 automobiles at an agreed price which plaintiff was willing to perform, and that by repudiating the contract defendant subjected itself to liability to respond as for a breach.
Defendant, on the other hand, contends that the contract is an ex-ecutory agency contract, the consideration for wdiich rests in mutual *330promises; that by reason of the option reserved by plaintiff to terminate it at its pleasure, defendant was entitled to a like option; “and…
2Cases cited4 opinions
- Dows v. National Exchange Bank of MilwaukeeSupreme Court of the United States · 1875
- American Agricultural Chemical Co. v. KennedySupreme Court of Virginia · 1904
- Lowber v. ConnitWisconsin Supreme Court · 1874
- Atlee v. BartholomewWisconsin Supreme Court · 1887
3Cited by45 opinions
- E. I. Du Pont De Nemours & Co. v. Claiborne-Reno Co.Court of Appeals for the Eighth Circuit · 1933
- Bushwick-Decatur Motors, Inc. v. Ford Motor Co.Court of Appeals for the Second Circuit · 1940
- Wright & Seaton, Inc. v. PrescottDistrict Court of Appeal of Florida · 1982
- Oakland Motor Car Co. v. Indiana Automobile Co.Court of Appeals for the Seventh Circuit · 1912
- Miami Coca-Cola Bottling Co. v. Orange Crush Co.Court of Appeals for the Fifth Circuit · 1924
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