Howard Supply Co. v. Wells
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Kentucky. Action by the Howard Supply Company against John P. Wells and John Pendleton. Judgment for defendants, and plaintiff brings error.
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In Error to the Circuit Court of the United States for the Eastern District of Kentucky. Action by the Howard Supply Company against John P. Wells and John Pendleton. Judgment for defendants, and plaintiff brings error. The plaintiff in error, who was the plaintiff below, filed its petition as commencement of suit,' alleging the making of a written agreement on December 3, 1906. between plaintiff and defendants, for the sale by the latter to the former of 25,000 cross-ties (and as many more as defendants should be able to secure), to he delivered f. o. b. cars between White House and…
1Opinion of the CourtKnappen, District Judge
(after stating the facts as above). Upon the striking out of the allegations in question, the plaintiff's petition necessarily fell to the ground, as there remained in it no allegation of an injury even in fact resulting from defendants’ default. The general demurrer and the motion to strike out apparently rest upon the same grounds, and so may be considered together.
ft is defendants’ contention that the case presented involves only the question whether the plaintiff’s petition states a case permitting recovery for loss of profits anticipated upon the resale. This contention will be again…
2Cases cited16 opinions
- Warren v. StoddartSupreme Court of the United States · 1882
- Grand Tower Co. v. PhillipsSupreme Court of the United States · 1874
- Lawrence v. PorterCourt of Appeals for the Sixth Circuit · 1894
- Lillard v. Kentucky Distilleries & Warehouse Co.Court of Appeals for the Sixth Circuit · 1904
- Marsh v. McPhersonSupreme Court of the United States · 1882
11 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Campfield v. SauerCourt of Appeals for the Sixth Circuit · 1911
- American Surety Co. of New York v. FranciscusCourt of Appeals for the Eighth Circuit · 1942
- Stanley Manly Boys' Clothes Inc. v. HickeyTexas Supreme Court · 1924
- Elias v. WrightCourt of Appeals for the Second Circuit · 1921
- Setton v. Eberle-Albrecht Flour Co.Court of Appeals for the Eighth Circuit · 1919
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