Legal Opinion
American Sugar Refining Co. v. Newnan Grocery Co.
Court of Appeals for the Fifth Circuit
Decided December 5, 1922No. 3864PublishedCited by 14 opinions
1Opinion of the Court
BRYAN, Circuit Judge.
This is a writ of error sued out by plaintiff, the American Sugar Refining Company, to an order dismissing its petition on general demurrer.
The petition alleges two contracts of sale of sugar, each contract being for 50 barrels, by the plaintiff to the defendant. The contracts are identical, and each is evidenced by a written offer and a written acceptance. The offer contains language as follows:
“Barrels or equivalent at price of 22% cents assortment to be furnished, the seller by buyer before September 1, 1920, but subject to such substitutions as seller may find…
2Cases cited2 opinions
- Hobbs v. McLeanSupreme Court of the United States · 1886
- Minnesota Lumber Co. v. Whitebreast Coal Co.Illinois Supreme Court · 1895
3Cited by14 opinions
- A. B. Small Co. v. American Sugar Refining Co.Supreme Court of the United States · 1925
- Shea v. Second Nat. BankCourt of Appeals for the D.C. Circuit · 1942
- Memphis Furniture Mfg. Co. v. Wemyss Furniture Co.Court of Appeals for the Sixth Circuit · 1924
- Tallman v. SmithSupreme Court of Colorado · 1944
- Boehmer Coal Co. v. Burton Coal Co.Court of Appeals for the Eighth Circuit · 1924
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