Columbus Const. Co. v. 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. This case is here the third time. It was here first on demurrer to the declaration (Columbus Const. Co. v. Crane Co., 9 U. S. App. 46, 3 C. C. A. 216, 52 Fed. 635); and the second time after a trial upon the merits, which resulted in a verdict and judgment for $48,000 in favor of the plaintiff, the present plaintiff in error.
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In Error to the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. This case is here the third time. It was here first on demurrer to the declaration (Columbus Const. Co. v. Crane Co., 9 U. S. App. 46, 3 C. C. A. 216, 52 Fed. 635); and the second time after a trial upon the merits, which resulted in a verdict and judgment for $48,000 in favor of the plaintiff, the present plaintiff in error. The last judgment was in favor of the defendant, the Crane Company, on its counterclaim, for $98,085.94, the amount of the unpaid balance at the contract,…
1Opinion of the CourtWoods, Circuit Judge
Concerning the letter of February 12, 1891, and its effect as a breach of the contract by the plaintiff, we said in our second opinion (46 U. S. App. 59, 65, 20 C. C. A. 233, 73 Fed. 984):
“On the facts as presented in the briefs, beyond which we have not looked, it does not appear that there was an adequate excuse for the refusal to accept further performance of the contract; * * * and, on that basis, whether other modes of relief were available or not, we think it clear that the defendant [now plaintiff] in error can have no remedy in an action upon the contract. It cannot at one and the…
2Cases cited1 opinion
- Crane Co. v. Columbus Const. Co.Court of Appeals for the Seventh Circuit · 1896
3Cited by13 opinions
- Adams v. ShirkCourt of Appeals for the Seventh Circuit · 1900
- Ball v. United StatesCourt of Appeals for the Ninth Circuit · 1906
- Lafayette Bridge Co. v. OlsenCourt of Appeals for the Seventh Circuit · 1901
- McNulta v. West Chicago Park Com'rsCourt of Appeals for the Seventh Circuit · 1900
- Western Union Tel. Co. v. BurgessCourt of Appeals for the Sixth Circuit · 1901
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