Pennsylvania Sugar Co. v. Czarnikow-Rionda Co.
Court of Appeals for the Third Circuit
In Error to the District Court of the United States for the Eastern District of Pennsylvania; J. Whitaker Thompson, Judge. Action by the Pennsylvania Sugar Company against the Czarnikow-Rionda Company. There was a judgment for defendant, and plaintiff brings error.
1Opinion of the Court
McPHERSON, Circuit Judge.
In this action the plaintiff, a purchaser of raw sugar from the defendant, was nonsuited in the effort-to recover damages for failure to make a full delivery. The defendant shipped 32,000 bags from Cuba to Philadelphia, and the plaintiff received 25,000 bags; the remaining 7,000 being the quantity in dispute. The plaintiff sets up a right to the whole 32,000, while the defendant contends that 25,000 bags completely fulfilled the contract. *914The facts (either undisputed, or in accord with the plaintiff’s evidence) are as follows:
The Pennsylvania Company is a Philadelphia…
2Cases cited1 opinion
- Standard Sugar Refinery v. CastanoU.S. Circuit Court for the District of Massachusetts · 1890
3Cited by3 opinions
- Crystal Paper Co. v. Robertson Co.Court of Appeals for the Sixth Circuit · 1923
- New York Oversea Co. v. Warfield-Pratt-Howell Co.California Court of Appeal · 1925
- Lamborn & Co. v. Apollo Supply Co.Superior Court of Pennsylvania · 1926