Burlington, C. R. & N. Ry. Co. v. Northwestern Fuel Co.
U.S. Circuit Court for the District of Minnesota
This is an action on an attachment bond executed in a former suit brought by the defendant herein against the plaintiff in this action, in which suit a large number of locomotives and cars belonging to this plaintiff were attached. The defendant fuel company, in its answer, sets forth the contract between itself and the plaintiff, and claims damages for an alleged total breach thereof by the plaintiff.
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This is an action on an attachment bond executed in a former suit brought by the defendant herein against the plaintiff in this action, in which suit a large number of locomotives and cars belonging to this plaintiff were attached. The defendant fuel company, in its answer, sets forth the contract between itself and the plaintiff, and claims damages for an alleged total breach thereof by the plaintiff. Said contract is as follows: “Memorandum of agreement made this seventh day of July, A. I). 1881, between tlie Burlington, Cedar Bapids & -Northern Bailway Company, a corporation created and…
1Opinion of the CourtBrewer, J.
In this case, upon the questions which have been argued, I have come to a conclusion, and it is unnecessary to continue the argument further. I stop to consider but one question. I may premise by saying that a contract which puzzled my Brother Miller, one whose pre-eminent abilities we all recognize, may well have puzzled me; and, while upon part of the question which I shall consider I am clear in my views, upon another part I am very much’in doubt. That question is as to the validity of the contract as a whole. Its validity is questioned on the ground of discrimination, and that the one…
2Cited by1 opinion
- Public Service Commission v. State ex rel. Great Northern Railway Co.Washington Supreme Court · 1922