Matthews Glass Co. v. Burk
Indiana Supreme Court
From Grant Circuit Court; II J. Pa,ulus, Judge. Action by tlie Matthews Glass Company against Benjamin F. Burk. From a judgment for defendant, plaintiff appeals. Transferred from Appellate Court, under §1337u Burns 1901.
1Opinion of the CourtDowling, J.
The appellant sued the appellee for a balance of $3,500, claimed to be due on account of eight car loads of window glass sold and delivered by the appellant to the appellee under a contract in these words: “Marion, Indiana, October 26, 1899. It is hereby understood and agreed by and between Matthews Glass Company of Matthews, Grant county, Indiana, and Benjamin F. Burk of Marion, Indiana, that the former is to sell the latter virtually all the glass they make during the blast of 1899 and 1900 at a discount which will be five per cent", lower than the lowest price made by the American Window…
2Cases cited11 opinions
- Parmenter v. . FitzpatrickNew York Court of Appeals · 1892
- Sloan v. . BairdNew York Court of Appeals · 1900
- Neal v. ShewalterIndiana Court of Appeals · 1892
- Veerkamp v. Hulburd Canning & Drying Co.California Supreme Court · 1881
- Beymer Bauman Lead Co. v. HaynesSupreme Judicial Court of Maine · 1888
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3Cited by5 opinions
- Weston Paper Mfg. Co. v. Downing Box Co.Court of Appeals for the Seventh Circuit · 1923
- American Refining Co. v. StaleyCourt of Appeals of Texas · 1925
- Brooks v. Federal Surety Co.Court of Appeals for the D.C. Circuit · 1928
- Bruce v. Indianapolis Gas Co.Indiana Court of Appeals · 1910
- Burk v. Matthews Glass Co.Indiana Court of Appeals · 1907