United Engineering & Contracting Co. v. Broadnax
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon writ of error to review a judgment of the Circuit Court, Southern District of New York, entered upon the verdict of a jury, in favor of defendant in error, who was plaintiff below. The action was to recover damages'for breach of contract.
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In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon writ of error to review a judgment of the Circuit Court, Southern District of New York, entered upon the verdict of a jury, in favor of defendant in error, who was plaintiff below. The action was to recover damages'for breach of contract. The verdict was for $19,422.19, but upon motion for new trial the plaintiff consented to its reduction in the amount of $7,679.70. The facts sufficiently appear in the opinion.
1Opinion of the Court
FACOMBE, Circuit Judge.
The contract is in writing. On February 12, 1901, plaintiff wrote to defendant as follows:
“I propose to furnish you all the dimension granite required in the construction of the new East River Bridge approaches, the granite to be in accordance with the specifications and acceptable to the engineer for thirty-three (33) cents per cubic foot f. o. b. New York Harbor, subject to the following conditions:
“You are to furnish free wharfage.
“You are to discharge the vessel, etc.
“You are to pay the freight, etc.
“It is understood that this granite is to be Crotch Island granite…
2Cases cited6 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Railway Co. v. HeckSupreme Court of the United States · 1880
- Laber v. CooperSupreme Court of the United States · 1869
- Brown v. Grand Rapids Parlor Furniture Co.Court of Appeals for the Sixth Circuit · 1893
- Davis v. BoardmanMassachusetts Supreme Judicial Court · 1815
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- El Hoss Engineering & Transport Co., Ltd. v. American Independent Oil CompanyCourt of Appeals for the Second Circuit · 1961
- North American Uranium, Inc. v. JohnstonWyoming Supreme Court · 1957
- Golden v. MeierWisconsin Supreme Court · 1906
- Gardiner v. GardinerIdaho Supreme Court · 1923
- O'Farrell v. Virginia Public Service Co.West Virginia Supreme Court · 1934
4 more not listed; retrieve them via the Exa API.