Legal Opinion

McClure v. o.henry Tent & Awning Co., Inc

Court of Appeals for the Seventh Circuit

Decided October 12, 1950No. 10113PublishedCited by 10 opinions

1Opinion of the Court

KERNER, Circuit Judge.

This appeal is from a judgment for plaintiffs in a suit for damages for the alleged breach of two contracts for the sale of cotton materials. Defendant denied liability as to both contracts, with the exception of one item of the second. It asserted that the first contract had been abandoned by mutual consent after partial performance, and that the second provided for only 100,-000 yards instead of the 200,000 charged in the complaint. Further error is asserted as to the measure of damages allowed for the first.

The first contract was for the sale of 150,000 yards of army…

2Cases cited3 opinions

  1. Summers v. Hibbard, Spencer, Bartlett & Co.Illinois Supreme Court · 1894
  2. Campbell v. CampbellCourt of Appeals for the D.C. Circuit · 1948
  3. Indemnity Ins. Co. Of North America v. Midwest Transfer Co. Of IllinoisCourt of Appeals for the Seventh Circuit · 1950

3Cited by10 opinions

  1. Tauber v. District of ColumbiaDistrict of Columbia Court of Appeals · 1986
  2. Scott v. StateSupreme Court of Delaware · 1955
  3. Harris Truck Lines, Inc. v. Cherry Meat Packers, Inc.Court of Appeals for the Seventh Circuit · 1963
  4. Securities & Exchange Commission v. RappCourt of Appeals for the Second Circuit · 1962
  5. Armour Research Foundation of Illinois Institute of Technology v. Chicago, Rock Island and Pacific Railroad CompanyCourt of Appeals for the Seventh Circuit · 1962

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