Pond Creek Mill & Elevator Co. v. Clark
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois. Action by Frank G. Clark against the Pond Creek Mill & Elevator Company. Judgment for plaintiff, and defendant brings error. The suit was for breach of contracts for sale of flour.
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In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois. Action by Frank G. Clark against the Pond Creek Mill & Elevator Company. Judgment for plaintiff, and defendant brings error. The suit was for breach of contracts for sale of flour. The first contract was for 1,009 barrels, and is evidenced by the following correspondence between defendant in error, Clark, a flour dealer at Chicago, and plaintiff in error, a milling company at Bond Creek, Okl.: Telegram. Clark to company, March 4, 1907 (decoded) : “Book one thousand barrels same…
1Opinion of the CourtAeschueer, Circuit Judge
(after stating the facts as above). Assuming that the above-recited correspondence constitutes the contract between the parties, there was no question of its breach by plaintiff in error, and the right of recovery by defendant in error is clear, unless the action is barred by limitation. In the state of Oklahoma actions on oral contracts are barred in three years, and on contracts in writing in five years, after cause of action accrues. Section 4657, Rev. Laws Oklahoma. In Illinois the statute is five years on oral, and ten years on written, contracts. Chapter 83, § 16, Hurd’s Rev. Stat. Ill.
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2Cases cited24 opinions
- United States v. R. P. Andrews & Co.Supreme Court of the United States · 1907
- Delaware, Lackawanna & Western Railroad v. United StatesSupreme Court of the United States · 1913
- A. J. Neimeyer Lumber Co. v. Burlington & Missouri River RailroadNebraska Supreme Court · 1898
- Dannemiller v. KirkpatrickSupreme Court of Pennsylvania · 1902
- Diversy v. KelloggIllinois Supreme Court · 1867
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3Cited by15 opinions
- John P. Moriarty, Inc. v. United StatesUnited States Court of Claims · 1942
- Orschel v. RothschildAppellate Court of Illinois · 1925
- Goodyear Tire & Rubber Co. v. Northern Assur. Co.Court of Appeals for the Second Circuit · 1937
- Johnson v. BantaCalifornia Court of Appeal · 1948
- Howell v. Witman-Schwartz Corp.Court of Appeals for the Third Circuit · 1925
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