Legal Opinion
Schminke Milling Co. v. Diamond Bros.
Court of Appeals for the Eighth Circuit
Decided October 21, 1938No. 11235PublishedCited by 5 opinions
1Opinion of the Court
GARDNER, Circuit Judge.
This is an action brought by appellant as plaintiff to recover liquidated damages on account of the alleged unwarranted cancellation of a contract. It will be - convenient to refer to the parties as they appeared in the lower court.
Plaintiff entered into a written contract with the defendant Diamond Brothers, by which it agreed to sell, and the defendant agreed to buy, 5,040 barrels of flour at $5.95 per. barrel. In this contract, Schminke Milling Company, of Nebraska City, Nebraska, was designated as seller, and Diamond Brothers, of Cedar Falls, Iowa, was designated as…
2Cases cited12 opinions
- Minneapolis Threshing MacH. Co. v. HockingNorth Dakota Supreme Court · 1926
- Blue Valley Creamery Co. v. Consolidated Products Co.Court of Appeals for the Eighth Circuit · 1936
- New Prague Flouring Mill Co. v. Hewett Grain & Provision Co.Michigan Supreme Court · 1924
- Yerxa, Andrews & Thurston v. Randazzo MacAroni Manufacturing Co.Supreme Court of Missouri · 1926
- Nathan Elson & Co. v. H. Beselin & SonNebraska Supreme Court · 1928
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3Cited by5 opinions
- Schalk Chemical Company, a Corporation, Gerald I. Farman, Hazel I. Farman, John Carver Baker and Patricia Baker v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1962
- Hopper v. ReynoldsNew Mexico Supreme Court · 1970
- Conway Commercial Warehousing, LLC v. Fedex Freight East, Inc.Court of Appeals of Arkansas · 2011
- United States v. Bayer CompanyDistrict Court, S.D. New York · 1955
- Shapiro Engineering Corp. v. Francis O. Day Co.Court of Appeals of Maryland · 1958