Legal Opinion
American Almond Products Co. v. Consolidated Pecan Sales Co.
Court of Appeals for the Second Circuit
Decided July 21, 1944No. 348PublishedCited by 68 opinions
1Opinion of the Court
L. HAND, Circuit Judge.
The defendant, Consolidated Pecan Sales Co., Inc., appeals from a judgment for damages upon a breach of contract, entered upon an award of arbitrators under § 9 of Title 9, U.S.C.A. The result depends upon the answer to two questions: (1) Whether the arbitrators exceeded their powers as defined by the submission; and (2) whether they should have awarded damages, although no evidence on that issue was presented to them. The controversy arose over a contract for the sale of 30,000 pounds of pecan nuts by the defendant to the plaintiff, executed on August 28, 1942, which…
2Cases cited3 opinions
- Stefano Berizzi Co. v. KrauszNew York Court of Appeals · 1925
- Liggett v. Torrington Building Co.Supreme Court of Connecticut · 1932
- Koepke v. E. Liethen Grain Co.Wisconsin Supreme Court · 1931
3Cited by68 opinions
- Wilko v. SwanSupreme Court of the United States · 1953
- Bernhardt v. Polygraphic Co. of America, Inc.Supreme Court of the United States · 1956
- Merit Insurance Company v. Leatherby Insurance Company A/K/A Western Employers Insurance CompanyCourt of Appeals for the Seventh Circuit · 1983
- Sapp v. BarenfeldCalifornia Supreme Court · 1949
- Swift Industries, Inc., in No. 71-1420 v. Botany Industries, Inc., in No. 71-1421Court of Appeals for the Third Circuit · 1972
63 more not listed; retrieve them via the Exa API.