Union Pac. R. v. Mitchell-Crittenden Tie Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Western'District of Missouri. Action by the Mitchell-Crittenden Tie Company against the Union Pacific Railroad Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
SANBORN, Circuit Judge.
This .is an action .by the Tie Company to recover of the Railroad Company the unpaid balance of the value of 378,392 cross-ties which the plaintiff had sold and delivered to the defendant. At the trial the parties stipulated that the price and value of these ties was $95,606.26, that 90 per cent, of this amount had been paid, and that the remaining $9,560.62 had been retained by *545the Railroad Company. That company pleaded and claimed that it was not liable to pay this balance, because the ties were sold and ‘delivered under a contract of the parties to the effect that…
2Cases cited9 opinions
- Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
- Pressed Steel Car Co. v. Eastern Ry. Co.Court of Appeals for the Eighth Circuit · 1903
- Bagley v. . PeddieNew York Court of Appeals · 1857
- Buren v. Digges Ex Rel. LibbeySupreme Court of the United States · 1851
- Brooks v. City of WichitaCourt of Appeals for the Eighth Circuit · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Chicago, B. & Q. R. v. DockeryCourt of Appeals for the Eighth Circuit · 1912
- Northwestern Terra Cotta Co. v. CaldwellCourt of Appeals for the Eighth Circuit · 1916
- Hayes & Swift, Inc. v. Sabia Construction Co.Supreme Court of New Hampshire · 1985