Tri-Bullion Smelting & Development Co. v. Jacobsen
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action by Ernest O. Jacobsen, doing business as E. O. Jacobsen & Co., against the Tri-Bullion Smelting .& Development Company. There was a judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the Southern District of New York. Action by Ernest O. Jacobsen, doing business as E. O. Jacobsen & Co., against the Tri-Bullion Smelting .& Development Company. There was a judgment for plaintiff, and defendant brings error. Writ of error to the District Court for the Southern District of New York to review a judgment in favor of defendant in error (plaintiff below) for $5,847.31 after a verdict by direction of the court. Plaintiff below will he referred to as “Jacobsen” and defendant as “Tri-Bullion.”
1Opinion of the Court
MAYER, District Judge.
The action was brought by Jacobsen against Tri-Bullion to recover damages in the sum of $25,000 for breach of contract by Tri-Bullion. The essential features of the written agreement, expressing the contract between the parties, were as follows:(1) Tri-Bullion was to sell and Jacobsen to buy the output of zinc concentrates produced at Tri-Bullion’s plant at Kelly, N. M., for a period of two years from November 22, 1911, to November 22, 1913, concentrates to be delivered in as nearly as possible equal monthly quantities, with the agreement by Tri-Bullion that the minimum…
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