Legal Opinion
Maydwell v. Rogers Lumber Co.
Court of Appeals for the Ninth Circuit
Decided March 7, 1908No. 1,498PublishedCited by 2 opinions
In Error to the Circuit Court of the United States for the Northern Division of the Western District of Washington.
1Opinion of the Court
ROSS, Circuit Judge.
This appeal presents only the question of the sufficiency of the second amended complaint, a demurrer to which was sustained by the court below. The action was for damages for the alleged breach of a contract growing out of the five telegrams set out in the complaint, and reading as follows:
“San Francisco, Cal., Jan. 5, 1906.
“Mr. W. M. Rogers, Anacortes, Washington.
“Will you accept another cargo ties March April shipment want five days option. . C. A. Maydwell.”
“Anacortes, Wash. Jan. 5, 1908. “C. A. Maydwell, 519 Mission Street, San Francisco, Cal.
“11:42 A. M. Yes at nine…
2Cases cited4 opinions
- Bibb v. AllenSupreme Court of the United States · 1893
- Iowa Life Insurance v. LewisSupreme Court of the United States · 1902
- North American Transportation & Trading Co. v. SamuelsCourt of Appeals for the Ninth Circuit · 1906
- Lindblom v. FallettCourt of Appeals for the Ninth Circuit · 1906
3Cited by2 opinions
- Companhia De Navegacao Lloyd Brasileiro v. C. G. Blake Co.Court of Appeals for the Second Circuit · 1929
- Olympia Bottling Works v. Oylmpia Brewing Co.Oregon Supreme Court · 1910