T. W. Jenkins & Co. v. Anaheim Sugar Co.
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Southern Division of the Southern District of California; Benj. E. Bledsoe, Judge. Action by T. W. Jenkins & Co., a corporation, against the Anaheim Sugar Company, a corporation. Defendant’s demurrer having been sustained, and. the action dismissed (237 Fed. 278), plaintiff brings error.
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In Error to the District Court of the United States for the Southern Division of the Southern District of California; Benj. E. Bledsoe, Judge. Action by T. W. Jenkins & Co., a corporation, against the Anaheim Sugar Company, a corporation. Defendant’s demurrer having been sustained, and. the action dismissed (237 Fed. 278), plaintiff brings error. This was an action upon a contract by Jenkins & Co., plaintiff below, an Oregon corporation, wholesale grocers, and engaged in buying and selling and dealing in sugar, against the Anaheim Sugar Company, a California corporation, engaged in…
1Opinion of the CourtHunt, Circuit Judge
(after stating the facts as above). [1,2] The District Court was of the opinion that the contract as entered into was not supported by sufficient consideration to make it valid; that it lacks mutuality, in that defendant under any circumstances could be compelled to furnish the sugar covered by the contract, but that plaintiff could not be compelled by defendant to order and accept any sugar thereunder. In support of this view the learned judge distinguishes between cases which uphold contracts binding one party to sell and the other party to buy all of the requirements of the latter’s…
2Cases cited13 opinions
- Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1902
- Minnesota Lumber Co. v. Whitebreast Coal Co.Illinois Supreme Court · 1895
- McIntyre Lumber & Export Co. v. Jackson Lumber Co.Supreme Court of Alabama · 1910
- Crane v. C. Crane & Co.Court of Appeals for the Seventh Circuit · 1901
- Marx v. American Malting Co.Court of Appeals for the Sixth Circuit · 1909
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Texas Co. v. Pensacola Maritime Corp.Court of Appeals for the Fifth Circuit · 1922
- Schalk Chemical Company, a Corporation, Gerald I. Farman, Hazel I. Farman, John Carver Baker and Patricia Baker v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1962
- Cohen v. Clayton Coal Co.Supreme Court of Colorado · 1929
- National Labor Relations Board v. Sterling Electric Motors, Inc.Court of Appeals for the Ninth Circuit · 1940
- Imperial Refining Co. v. Kanotex Refining Co.Court of Appeals for the Eighth Circuit · 1928
9 more not listed; retrieve them via the Exa API.