East Moline Co. v. Weir Plow Co.
Court of Appeals for the Seventh Circuit
In Error to tlie Circuit Court of the United States for the Southern Division of the Northern District of Illinois. This suit was brought by the Weir Plow Company, the defendant in error, upon the written contract hereinafter fully set out in the findings of fact by the court below to recover the sum of $50,000 as damages provided for by the contract for a breach by either party.
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In Error to tlie Circuit Court of the United States for the Southern Division of the Northern District of Illinois. This suit was brought by the Weir Plow Company, the defendant in error, upon the written contract hereinafter fully set out in the findings of fact by the court below to recover the sum of $50,000 as damages provided for by the contract for a breach by either party. The defendant answered by counterclaim, alleging performance of the contract on its part, alleging a breach of the contract by the plaintiff .(defendant in error), and claiming judgment for the $50,000 as stipulated…
1Opinion of the Court
BUÜSTN, District Judge,
upon this statement of the case, delivered the opinion of the court.
The principal contention in the case is whether the court erred in not giving judgment for the defendant below for the amount ' claimed as stipulated damages. The finding of facts being in favor of the defendant and against the plaintiff, it seems evident that nom*255inal damages might have been awarded to the defendant upon its counterclaim. The requirement lor nominal damages, however, would he satisfied with a judgment for one cent, and the case might' he reversed for not so awarding, if the rendering of…
2Cases cited10 opinions
- Tayloe v. T. & S. SandifordSupreme Court of the United States · 1822
- Hibbard v. Western Union Telegraph Co.Wisconsin Supreme Court · 1873
- Lyman v. BabcockWisconsin Supreme Court · 1876
- Eaton v. LymanWisconsin Supreme Court · 1872
- Mahoney v. RobbinsIndiana Supreme Court · 1874
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3Cited by6 opinions
- Merica v. BurgetIndiana Court of Appeals · 1905
- Chicago House-Wrecking Co. v. United StatesCourt of Appeals for the Seventh Circuit · 1901
- Northwestern Terra Cotta Co. v. CaldwellCourt of Appeals for the Eighth Circuit · 1916
- Sledge v. Arcadia Orchards Co.Washington Supreme Court · 1914
- United States v. New Amsterdam Casualty Co.Court of Appeals for the First Circuit · 1930
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