Lillard v. Kentucky Distilleries & Warehouse Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Kentucky. This is an action of assumpsit for the recovery of thé price of distillery slops contracted to the defendant, to be delivered at a certain feeding lot, being all of the slop made from a daily consumption of 1,200 bushels of grain during the operation of the Cedar Brook Distillery between December 25, 1902, and May 25, 1903. The plaintiff sets out a copy of a contract in writing between…
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In Error to the Circuit Court of the United States for the Eastern District of Kentucky. This is an action of assumpsit for the recovery of thé price of distillery slops contracted to the defendant, to be delivered at a certain feeding lot, being all of the slop made from a daily consumption of 1,200 bushels of grain during the operation of the Cedar Brook Distillery between December 25, 1902, and May 25, 1903. The plaintiff sets out a copy of a contract in writing between the parties, .and avers that this slop was sold, delivered, and received according to the terms of this contract, but…
1Opinion of the CourtLurton, Circuit Judge
Two questions arise upon the demurrer to the answer and counterclaim filed by the defendant in error. The first' concerns the terms of the agreement between the parties, and the second the measure of damages for the breach of same by the plaintiff. The first question may fairly be split into two parts: First. To what extent, if any, is the agreement for the sale of slops modified, enlarged, or affected by the agreement for the lease of the ground adj’acent to the distillery, made contemporaneously with the other? Second. Was it competent to show the custom and usage in respect to the manner…
2Cases cited37 opinions
- United States v. BehanSupreme Court of the United States · 1884
- Savings Bank v. WardSupreme Court of the United States · 1880
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Grace v. American Central InsuranceSupreme Court of the United States · 1883
- Globe Refining Co. v. Landa Cotton Oil Co.Supreme Court of the United States · 1903
32 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Paul Leonard Jones, Jr. v. Consolidated Rail Corporation, A.K.A. ConrailCourt of Appeals for the Sixth Circuit · 1986
- Lima Locomotive & Machine Co. v. National Steel Castings Co.Court of Appeals for the Sixth Circuit · 1907
- R. J. Menz Lumber Co. v. E. J. McNeeley & Co.Washington Supreme Court · 1910
- Campfield v. SauerCourt of Appeals for the Sixth Circuit · 1911
- Meyer v. Washington Times Co.Court of Appeals for the D.C. Circuit · 1935
38 more not listed; retrieve them via the Exa API.