First Nat. Bank of Litchfield v. Pipe & Contractors' Supply Co.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the District of Connecticut. - Action by the Pipe & Contractors’ Supply Company against the First National Bank of Litchfield for breach of contract of sale. Judgment for plaintiff (268 Fed. 138), and defendant brings error.
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In Error to the District Court of the United States for the District of Connecticut. - Action by the Pipe & Contractors’ Supply Company against the First National Bank of Litchfield for breach of contract of sale. Judgment for plaintiff (268 Fed. 138), and defendant brings error. The defendant below (hereinafter called the Bank) in July, 1918, owned and had in the vicinity of Litchfield, Conn., certain secondhand rails, pipe, engines, drills, etc., being machinery and appliances theretofore used in the construction or extension of a certain reservoir. The property was bulky and heavy. On July…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1,2] The contract at bar was made and was to be performed in Connecticut. It is therefore to be interpreted in the light of the Uniform Sales Act, which has been adopted in that state. The relevant sections of that statute are Nos. 41, 42, and 60 (Gen. Stat. Conn. §§ 4707, 4708 and 4726).
The bargain between Bank and Pipe Company is plain and plainly expressed, viz. that Pipe Company was to pay the Bank $1,475 when the property was loaded on, cars at Litchfield. The price was due and payable the moment that loading occurred. In the language of section 42 of…
2Cases cited6 opinions
- Illinois Central Railroad v. Mulberry Hill Coal Co.Supreme Court of the United States · 1915
- Frech v. LewisSupreme Court of Pennsylvania · 1907
- Hill v. HobartSupreme Judicial Court of Maine · 1839
- Bowen v. Detroit City Railway Co.Michigan Supreme Court · 1884
- Sentenne v. KellyNew York Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Chesapeake & Ohio Railway Co. v. MartinSupreme Court of the United States · 1931
- In re B. & R. Glove Corp.Court of Appeals for the Second Circuit · 1922
- Atlantic City Tire & Rubber Corp. v. Southwark Foundry & MacHine Co.Supreme Court of Pennsylvania · 1927
- Jones v. Le May-Lieb Corp.Massachusetts Supreme Judicial Court · 1938
- Pacific Development Co. v. Stewart Et Ux.Utah Supreme Court · 1948
7 more not listed; retrieve them via the Exa API.