Staver Carriage Co. v. Park Steel Co.
Court of Appeals for the Seventh Circuit
Ill Error to the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. The plaintiff in error, Staver Carriage Company, sued in assumpsit to recover damages for alleged breach of a contract for the sale of tire steel. «• The court below sustained a demurrer to the declaration as amended, and the plaintiff elected to stand by its pleading, whereupon judgment was entered against it, and writ of error issued.
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Ill Error to the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. The plaintiff in error, Staver Carriage Company, sued in assumpsit to recover damages for alleged breach of a contract for the sale of tire steel. «• The court below sustained a demurrer to the declaration as amended, and the plaintiff elected to stand by its pleading, whereupon judgment was entered against it, and writ of error issued. The declaration sets up the making by Park, Bro. & Co., Limited, a joint-stock company, at Pittsburg, Pa., of the following contract in writing:…
1Opinion of the Court
■SEAMAN, District Judge,
after making tbe foregoing statement, delivered the opinion of the court.
The briefs and arguments have been addressed to the single question of pleading, — whether breach of the contract in suit is well averred in the declaration. The covenant is for sale and delivery of “all the tire steel of good and suitable quality which will be used in buyer’s works prior to September 1, 1899, not to> exceed 14,000 sets, nor to be less than 10,000 sets,” to be specified by the buyer “for carload shipments, and in reasonable time for seller to make required deliveries, but all not…
2Cases cited4 opinions
- Brawley v. United StatesSupreme Court of the United States · 1878
- Minnesota Lumber Co. v. Whitebreast Coal Co.Illinois Supreme Court · 1895
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- National Furnace Co. v. Keystone Manufacturing Co.Illinois Supreme Court · 1884
3Cited by9 opinions
- Loudenback Fertilizer Co. v. Tennessee Phosphate Co.Court of Appeals for the Sixth Circuit · 1903
- Hardwick v. American Can Co.Tennessee Supreme Court · 1904
- Manhattan Oil Co. v. Richardson Lubricating Co.Court of Appeals for the Second Circuit · 1902
- Utah International, Inc. v. Colorado-Ute Electric Ass'nDistrict Court, D. Colorado · 1976
- Louisville Soap Co. v. TaylorCourt of Appeals for the Sixth Circuit · 1922
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