Legal Opinion

Morris & Co. v. Whitley

Court of Appeals for the Fifth Circuit

Decided January 3, 1911No. 2,123PublishedCited by 6 opinions

Appeal from the Circuit Court of the United States for the Southern District of Georgia. Bill in equity by Morris & Co. against C. R. Whitley and others for an accounting. From an order sustaining a demurrer to the bill (182 Fed. 286), complainant appeals.

1Per curiam

This is a bill seeking an accounting between the parties thereto. It is, in substance, that during a period of over two years the respondents were the confidential agents and .brokers of complainant for the sale of packing house products on certain terms and conditions set out in the bill and exhibits. The minimum price of the articles intrusted to the respondents were fixed by complainant. The bill avers that respondents were authorized and expected to add to said minimum prices such profits as they saw fit, which profits were to be divided equally between complainant and respondents. The…

2Cases cited1 opinion

  1. Empire Circuit Co. v. SullivanU.S. Circuit Court for the District of Southern New York · 1909

3Cited by6 opinions

  1. Hayward & Clark v. McDonaldCourt of Appeals for the Fifth Circuit · 1912
  2. State Ex Rel. Cockrum v. SouthernMissouri Court of Appeals · 1935
  3. Excelsior Wrapper Co. v. YundMichigan Supreme Court · 1913
  4. Forbes v. WilsonDistrict Court, N.D. Ohio · 1917
  5. Smith v. St. Paul Fire & Marine Ins.District Court, E.D. New York · 1938

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