Douglas Fir Exploitation & Export Co. v. Comyn
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Second Division of the Northern District of California; Robert S. Bean, Judge. Action at law by W. Leslie Comyn and Benjamin F. Mackall, partners doing business as Comyn, Mackall & Co., against the Douglas Fir Exploitation & Export Company. Judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the Second Division of the Northern District of California; Robert S. Bean, Judge. Action at law by W. Leslie Comyn and Benjamin F. Mackall, partners doing business as Comyn, Mackall & Co., against the Douglas Fir Exploitation & Export Company. Judgment for plaintiff, and defendant brings error. The Douglas Fir Exploitation '& Export Company appealed from a judgment in an action by Comyn, Mackall & Co. to recover damages for an alleged breach of contract. The contract is evidenced by correspondence as follows: “Douglas Fir Exploitation &…
1Opinion of the CourtHunt, Circuit Judge
(after stating the facts as above). [1] In our opinion the stipulations with respect to the Marston were for the benefit of the buyer. It will not be disputed that the general rule is that where delivery is f. o. b. a vessel, a vessel must be tendered, but that rule is not inconsistent with the view that in a sale f. o. b. vessel it is not material what vessel is tendered, if the stipulation f. o. b.vessel is primarily a price term, and our construction of the documents here involved is that the phrase f. a. s. mill was a price term. We are strengthened in this by turning to the original sale…
2Cases cited9 opinions
- Leonard v. DyerSupreme Court of Connecticut · 1857
- Meyer v. SullivanCalifornia Court of Appeal · 1919
- E. I. DuPont De Nemours Powder Co. v. United Zinc & Chemical Co.Supreme Court of New Jersey · 1914
- DeGrasse Paper Co. v. Northern New York Coal Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Davis v. Alpha Portland Cement Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1905
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3Cited by5 opinions
- Crystal Paper Co. v. Robertson Co.Court of Appeals for the Sixth Circuit · 1923
- Boehmer Coal Co. v. Burton Coal Co.Court of Appeals for the Eighth Circuit · 1924
- Harbor City Canning Co. v. DantCalifornia Supreme Court · 1927
- Iwai & Co. v. Hercules Powder Co.Supreme Court of Georgia · 1926
- Nottingham & Wrenn Co. v. American Coal Exporting Co.District Court, S.D. New York · 1929