Legal Opinion

Kaplan v. American Cotton Oil Co.

Court of Appeals for the Fifth Circuit

Decided May 6, 1926No. 4544PublishedCited by 6 opinions

1Opinion of the Court

FOSTER, Circuit Judge.

In this matter, from the pleadings and facts in the record, the ease may be thus stated. The parties will be referred to as they appeared in the District Court. In March, 1923, plaintiff, through its agent, E. K. Huey, entered into an agreement with defendant, who is engaged in large rice-planting operations in Louisiana, to supply him with certain fertilizer during the season, and a memorandum in the following words and figures was made and signed by both of them:

“Farmers’ Rice Grower.
“Mixture: 16-0-5 made of 18 per cent, acid phosphate and 50 per cent, sulphate of…

2Cases cited2 opinions

  1. De Witt v. BerrySupreme Court of the United States · 1890
  2. State v. BanksSupreme Court of Louisiana · 1903

3Cited by6 opinions

  1. Johnson v. Orkin Exterminating Co., Inc.District Court, E.D. Louisiana · 1990
  2. Leverette v. New London Ship & Engine Co.Court of Appeals for the Fifth Circuit · 1928
  3. Local Trademarks, Inc. v. GranthamDistrict Court, D. Nebraska · 1957
  4. Upper Mississippi Towing Corp. v. CalmesCourt of Appeals for the Fifth Circuit · 1947
  5. Bell v. LeiendeckerLouisiana Court of Appeal · 1936

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