Crane v. C. Crane & Co.
Court of Appeals for the Seventh Circuit
In Error to the. Circuit Court of the United States for the Northern Division of the Northern District of Illinois. The action in the Circuit Court was in assumpsit upon the common counts by the defendant in error against the plaintiffs in error, to recover the value of certain lumber sold and delivered by the latter to the. former.
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In Error to the. Circuit Court of the United States for the Northern Division of the Northern District of Illinois. The action in the Circuit Court was in assumpsit upon the common counts by the defendant in error against the plaintiffs in error, to recover the value of certain lumber sold and delivered by the latter to the. former. The account annexed was for balances due upon merchandise sold on twenty-three different dates, running from the 22nd of February, 1898. to the 201 h oí May, 3898, inclusive, amounting in all to four thousand and fifty-seven dollars and twenty-three cents. ;. M…
1Opinion of the Court
CROSSGUP, Circuit Judge,
delivered tlie opinion of the court, as follows:
The question lying at the threshold of this case is whether the so-called contract of December, 1896, relating to the sale of dock oak lumber for the year 1897, and -th,e so-called contract of January, 1898, relating to the same subject for the year 1898, are enforceable.
The contention is that, being in parole, tlie first is obnoxious to the Statute of Frauds, and both are void for want of mutuality.
It is within legal competency for one to bind himself to furnish another with such supplies as may he needed during some…
2Cases cited4 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Minnesota Lumber Co. v. Whitebreast Coal Co.Illinois Supreme Court · 1895
- National Furnace Co. v. Keystone Manufacturing Co.Illinois Supreme Court · 1884
- Shipman v. Straitsville Central Mining Co.Supreme Court of the United States · 1895
3Cited by44 opinions
- Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1902
- Empire Gas Corporation v. American Bakeries CompanyCourt of Appeals for the Seventh Circuit · 1988
- Loudenback Fertilizer Co. v. Tennessee Phosphate Co.Court of Appeals for the Sixth Circuit · 1903
- A. Santaella & Co. v. Otto F. Lange Co.Court of Appeals for the Eighth Circuit · 1907
- Grand Prairie Gravel Co. v. Joe B. Wills Co.Court of Appeals of Texas · 1916
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