Crane Co. v. Columbus Const. Co.
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Northern District of Illinois, Northern Division. This was an action by the Columbus Construe Lion Company, against the Crane Company to recover for alleged breach, of a con-t tract of sale. The circuit court sustained demurrers to the declaration, and, plaintiff declining to amend, judgment was rendered for defendant.
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In Error to the Circuit Court of the United States for the Northern District of Illinois, Northern Division. This was an action by the Columbus Construe Lion Company, against the Crane Company to recover for alleged breach, of a con-t tract of sale. The circuit court sustained demurrers to the declaration, and, plaintiff declining to amend, judgment was rendered for defendant. On appeal to this court, that judgment was reversed, and 1 he cause remanded for further proceedings. 3 C. C. A. 216, 52 Fed. 635. Afterwards a trial was had before a jury, resulting in a verdict and judgment for…
1Opinion of the Court
WOODS, Circuit Judge.
For the entire contract between the parties (o this appeal, and for the construction put upon it by this court when the case was first here, reference is made to the opinion in Columbus Const. Co. v. Crane Co., 3 C. C. A. 216, 52 Fed. 635, and 9 U. S. App. 46. After the case had been remanded, further counts, special and common, were added to the declaration; but, while the breaches of warranty relied upon and the damages claimed were stated more specifically and fully, the character of the action was not changed.
The defendant in error, the Columbus Construction Company,…
2Cases cited26 opinions
- United States v. BehanSupreme Court of the United States · 1884
- Norrington v. WrightSupreme Court of the United States · 1885
- Pope v. AllisSupreme Court of the United States · 1885
- Dillon v. . AndersonNew York Court of Appeals · 1870
- Hamilton v. . McPhersonNew York Court of Appeals · 1863
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3Cited by5 opinions
- Cumberland Telephone & Telegraph Co. v. Peacher Mill Co.Tennessee Supreme Court · 1913
- Columbus Const. Co. v. Crane Co.Court of Appeals for the Seventh Circuit · 1900
- B. F. Sturtevant Co. v. Champion Fibre Co.Court of Appeals for the Sixth Circuit · 1916
- Meyer v. Everett Pulp & Paper Co.Court of Appeals for the Ninth Circuit · 1912
- NimrodDistrict Court, S.D. Alabama · 1905