American Fuel Co. v. Interstate Fuel Agency
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Northern Division of the Eastern District of Washington; Frank H. Rudkin, Judge. Action by the Interstate Fuel Agency against the American Fuel Company. Judgment for plaintiff, and defendant brings error. The Interstate Fuel Agency recovered a verdict and judgment against,the American Fuel Company. The fuel company sued out a writ of error.
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In Error to the District Court of the United States for the Northern Division of the Eastern District of Washington; Frank H. Rudkin, Judge. Action by the Interstate Fuel Agency against the American Fuel Company. Judgment for plaintiff, and defendant brings error. The Interstate Fuel Agency recovered a verdict and judgment against,the American Fuel Company. The fuel company sued out a writ of error. The action was for breach of a contract by plaintiff below, the Interstate Fuel Agency, a Washington corporation, against the American Fuel Company,-a Utah corporation, cloíng business in the…
1Opinion of the CourtHunt, Circuit Judge
(after stating the facts as above). The principal assignments of error are based upon the refusal of the court to give instructions adopting a construction of the contract in accord with the contentions of the shippers. The more important points are involved in the following discussion:
[1, 2] It is argued by the shipping company that the provision in the contract concerning the 2,500 tons per month to be delivered is for the purpose of protecting the shippers against being “swamped” with orders from the jobbers, and was not for the purpose of giving to the jobbers the right to any specific…
2Cases cited5 opinions
- Phillips & Colby Construction Co. v. SeymourSupreme Court of the United States · 1876
- Garfield & Proctor Coal Co. v. Pennsylvania Coal & Coke Co.Massachusetts Supreme Judicial Court · 1908
- Jessup & Moore Paper Co. v. PiperU.S. Circuit Court for the District of Eastern Pennsylvania · 1902
- Byron v. First Nat. BankOregon Supreme Court · 1915
- Metropolitan Building Co. v. City of SeattleWashington Supreme Court · 1916
3Cited by3 opinions
- Detroit Edison Co. v. Main Island Creek Coal Co.Court of Appeals for the Fourth Circuit · 1924
- Boehme & Rauch Co. v. LorimerMichigan Supreme Court · 1922
- Jones v. HeinzleIndiana Court of Appeals · 1921