Molloy v. Kellogg
Court of Appeals for the D.C. Circuit
Appeal from the Supreme Court of the District of Columbia. Action by George Kellogg and another, trading as Kellogg & Miller, against Thomas J. Molloy. Judgment for plaintiffs for insufficiency of the affidavit of defense, and defendant appeals.
1Opinion of the Court
ROBB, Associate Justice.
Appeal from a judgment in the Supreme Court of the District for the plaintiffs, appellees here, under the seventy-third rule.
Plaintiffs, in their declaration, sought the recovery of $510, alleged to represent the loss sustained upon the sale on the open market of 20 barrels of oil, which 'defendant had contracted to puxxhase, but had not accepted in accordance with the terms of the contract. The declaration was accompanied by the usual affidavit of merit.
In tbe declaration it is averred:
“Deliveries in 5-barrel lots were to be made between tbe months of April and…
2Cases cited1 opinion
- George Delker Co. v. Hess Spring & Axle Co.Court of Appeals for the Sixth Circuit · 1905
3Cited by2 opinions
- Sweeney v. JacobsenDistrict Court, District of Columbia · 1952
- Central Tire & Accessory Co. v. KoperlikCourt of Appeals for the D.C. Circuit · 1932