Douglass & Mandeville v. McAllister
Supreme Court of the United States
Error to the Circuit Court of the district of Columbia, in an action of assumpsit, for not delivering flour according to contract.
Read the full summary
Error to the Circuit Court of the district of Columbia, in an action of assumpsit, for not delivering flour according to contract. The transcript of the record contained a bill of exceptions, which stated,, that the plaintiff offered in evidence the following writing, addressed by the-plaintiff below, to the defendants, the present plaintiffs in error, viz : “ Will you receive my flour on the following terms, viz., whenever a load of flour is delivered, should any cooperage be wanting, you charge it to the-wagoner, and deduct it from the carriage. You will credit me with the-highest market…
1Opinion of the Court
Marshall, Ch. J.
The error complained of is, that the circuit court did not give an opinion on a point proposed. The court was certainly bound to give an opinion, if z-equired, upon any point relevant to the issue.
It appears, from the facts stated, that the cause of action did not accrue until the 19th of November, when the negotiation for a compromise was broken off. A tender of the flour at any time after the 14th, and before the 19th, would have been a compliance with the contract. As the plaintiff claimed no more than the pzice of the flour on the 19th, and as the z-efusal of the court to…
2Cited by18 opinions
- Robert Blassingill v. Waterman Steamship Corporation, a CorporationCourt of Appeals for the Ninth Circuit · 1964
- Schmeller v. United StatesCourt of Appeals for the Sixth Circuit · 1944
- Clark & Clark v. PinneyNew York Supreme Court · 1827
- Colquitt v. ThomasSupreme Court of Georgia · 1850
- Parsons v. BrownNew York Supreme Court · 1853
13 more not listed; retrieve them via the Exa API.