Legal Opinion

Tennessee & Southeastern Coal Co. v. Schwitzer Cummins Co.

Tennessee Supreme Court

Decided November 25, 1938PublishedCited by 5 opinions

1Opinion of the CourtChief Justice Green

As it reaches ns, this is a suit by a sales agent against a manufacturer for breach of a contract under which the former handled the product of the latter. There was a decree for the complainant in the chancery court, affirmed by the Court of Appeals, and we have granted a petition for certiorari.

The defendant makes an automatic coal feeding device, or stoker, for furnaces known as “Stokol.” Prior to October 17, 1933, and some time thereafter, defendant had a contract with a concern known as United Stoker Corporation, whereby Stoker Corporation sold and distributed defendant’s entire output…

2Cases cited3 opinions

  1. Robeson v. RamseyTennessee Supreme Court · 1922
  2. Miller v. KendrickTennessee Supreme Court · 1925
  3. Ragsdale v. DyerTennessee Supreme Court · 1924

3Cited by5 opinions

  1. Davidson & Jones Development Company v. Elmore Development Co., Inc.Court of Appeals for the Sixth Circuit · 1991
  2. Davidson & Jones Development Co. v. Elmore Development Co.Court of Appeals for the Sixth Circuit · 1991
  3. D. W. Winkelman Co., Inc. v. BarrCourt of Appeals for the Sixth Circuit · 1949
  4. Gulf Refining Co. v. BelzTennessee Supreme Court · 1958
  5. NBC Capital Markets Group, Inc. v. First BankCourt of Appeals for the Sixth Circuit · 2002

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