McKeefrey v. Connellsville Coke & Iron Co. ex rel. H. C. Frick Coke Co.
Court of Appeals for the Third Circuit
In Error to tbe Circuit Court of the United States for tbe Western District of Pennsylvania. At Law. Action by tbe Connellsville Coke & Iron Company, for tbe use of tbe H. C. Frick Coke Company, against William D. McKeefrey and William D. Hofius, partners as McKeefrey & Hofius, to recover tbe price of certain coke delivered under a contract. Tbe case was tried to tbe court without a jury, wbicb rendered judgment for plaintiff. Defendants bring error.
1Opinion of the Court
BUTLER, District Judge.
Tbe defendants in error brought two suits against McKeefrey & Hofius to recover tbe price of coke delivered to tbe latter at different dates, in pursuance of a contract made July 6, 1889. By agreement they were tried together, and as tbe questions raised in each are the same, they may hereafter be treated as one.
Tbe court, before wbicb they were tried, (without tbe aid of a jury,) found tbe following facts:
*213“First. On July 0, 1889, a contract between the Connellsville Coke & Iron Oo. and MeKeefrey & Hofius, the defendants, was made as follows:
“ ‘Pittsburgh, July 6, 1889.
‘…
2Cases cited2 opinions
- Robinson v. United StatesSupreme Court of the United States · 1872
- Bliven v. New England Screw Company.Supreme Court of the United States · 1860
3Cited by14 opinions
- Shrewsbury v. TuftsWest Virginia Supreme Court · 1895
- Nicoll v. Pittsvein Coal Co.Court of Appeals for the Second Circuit · 1920
- Consolidation Coal Co. v. Peninsular Portland Cement Co.Court of Appeals for the Sixth Circuit · 1921
- Luhrig Coal Co. v. Jones & Adams Co.Court of Appeals for the Sixth Circuit · 1905
- Indiana Flooring Co. v. Grand Rapids Trust Co.Court of Appeals for the Sixth Circuit · 1927
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