Mt. Vernon Refrigerating Co. v. Fred W. Wolf Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Southern District of Ohio. Suit in equity by the Fred W. Wolf Company against the Mt. Vernon Refrigerating Company. Decree for complainant, and defendant appeals. Prior to January 4, 1906, the Mt. Vernon Refrigerating Company, appellant (hereinafter referred to as the Ice Company), purchased of the Elyria Gas Engine Company two gas engines of 100 horse power each.
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Appeal from the Circuit Court of the United States for the Southern District of Ohio. Suit in equity by the Fred W. Wolf Company against the Mt. Vernon Refrigerating Company. Decree for complainant, and defendant appeals. Prior to January 4, 1906, the Mt. Vernon Refrigerating Company, appellant (hereinafter referred to as the Ice Company), purchased of the Elyria Gas Engine Company two gas engines of 100 horse power each. On January 4. 1906, the Fred W. Wolf Company, appellee (hereinafter referred to as the Wolf Company), submitted on one of its regular printed forms a proposition to the Ice…
1Opinion of the CourtMcCALK, District Judge
(after stating the facts as above). This case is before the court on an appeal by the defendant from a decree against it of the United States Circuit Court for the Southern District of Ohio.
It is a case in equity, and all the evidence was presented in the form of depositions and exhibits.
*168The first question to which the attention of the court is challenged relates to the extent that an appellate court will review the evidence in passing upon the findings of fact by the trial court.
[1] The rule obtaining on writs of error that, when there is any material evidence tending to support the verdict…
2Cases cited11 opinions
- Noonan v. BradleySupreme Court of the United States · 1870
- Texas & Pacific Railway Co. v. ReissSupreme Court of the United States · 1902
- Johnson v. HarmonSupreme Court of the United States · 1877
- McKell v. Chesapeake & O. Ry. Co.Court of Appeals for the Sixth Circuit · 1910
- The Santa RitaCourt of Appeals for the Ninth Circuit · 1910
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3Cited by16 opinions
- General Motors Corporation v. Swan Carburetor Co.Court of Appeals for the Sixth Circuit · 1937
- Mattingly Lumber Co. v. Equitable Building & Savings Ass'nCourt of Appeals of Maryland · 1939
- Giustina v. United StatesDistrict Court, D. Oregon · 1960
- Aro Equipment Corporation v. Herring-Wissler Co.Court of Appeals for the Eighth Circuit · 1936
- Patton-Tully Transp. Co. v. BarrettCourt of Appeals for the Sixth Circuit · 1930
11 more not listed; retrieve them via the Exa API.