Legal Opinion

Buckbee v. P. Hohenadel, Jr., Co.

Court of Appeals for the Seventh Circuit

Decided January 5, 1915No. 2142PublishedCited by 26 opinions

In Error to the District Court of the United States for the Western Division of the Northern District of Illinois; George A. Carpenter, Judge. Action by the P. Hohenadel, Jr., Company against H. W. Buckbee, There was a judgment for plaintiff, .and defendant brings error. The plaintiff in error, Buckbee, was defendant below in the suit of P. Hohenadel, Jr., Company, a Wisconsin corporation, as plaintiff, for recovery of damages upon contract.

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In Error to the District Court of the United States for the Western Division of the Northern District of Illinois; George A. Carpenter, Judge. Action by the P. Hohenadel, Jr., Company against H. W. Buckbee, There was a judgment for plaintiff, .and defendant brings error. The plaintiff in error, Buckbee, was defendant below in the suit of P. Hohenadel, Jr., Company, a Wisconsin corporation, as plaintiff, for recovery of damages upon contract. On trial of the issues to a jury verdict was directed by the trial court and so rendered against the defendant for $12,921.40 damages assessed in favor…

1Opinion of the CourtSeaman, Circuit Judge

(after stating the facts as above). The judgment against the defendant below, plaintiff in error Buckbee, arose under his contracts for sale and delivery to the plaintiff corporation, P. Hohenadel, Jr., Company, of cucumber seed of specified variety, and the verdict in favor of the plaintiff (directed by the trial court) awards recovery pursuant to two propositions, in substance: (1) That the evidence establishes delivery of a different variety of seed, not adapted to the purpose contemplated by the contract; and (2) that damages are proven and recoverable for the difference in market value…

2Cases cited14 opinions

  1. Beuttell v. MagoneSupreme Court of the United States · 1895
  2. Beuttell v. MagoneSupreme Court of the United States · 1895
  3. Passinger v. . ThorburnNew York Court of Appeals · 1866
  4. Phenix Ins. v. KerrCourt of Appeals for the Eighth Circuit · 1904
  5. Century Throwing Co. v. MullerCourt of Appeals for the Third Circuit · 1912

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3Cited by26 opinions

  1. Grupe v. GlickCalifornia Supreme Court · 1945
  2. General Supply and Equipment Co., Inc. v. PhillipsCourt of Appeals of Texas · 1972
  3. Wolstenholme, Inc. v. Jos. Randall Bro., Inc.Supreme Court of Pennsylvania · 1928
  4. E. P. Moorhead v. Minneapolis Seed Co.Supreme Court of Minnesota · 1917
  5. Elliott-Lewis Corp. v. York-Shipley, Inc.Supreme Court of Pennsylvania · 1953

21 more not listed; retrieve them via the Exa API.

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