Lincoln v. Levi Cotton Mills Co.
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon writ of error to review a judgment of the Circuit Court, Southern District of New York, against the plaintiffs in error, who were defendants below. The judgment was entered upon the verdict of a jury, which was directed by the court.
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In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon writ of error to review a judgment of the Circuit Court, Southern District of New York, against the plaintiffs in error, who were defendants below. The judgment was entered upon the verdict of a jury, which was directed by the court. The action was brought to recover upon a contract in writing whereby the plaintiff agreed to manufacture certain cotton yarn, and to deliver the same in weekly installments for the sum of 27 cents per pound. It was charged as a breach that the…
1Opinion of the Court
EACOMBE, Circuit Judge.
For a considerable time prior to the transactions complained of, defendants’ firm had been acting as commission merchants for the plaintiff — selling the plaintiff’s goods, making advances thereon, and collecting the accounts therefor.
■ The following letters and telegrams passed between the parties, evidencing the “written contract” declared upon:(1) Defendants to plaintiff (telegram) February 21, 1900:
“Bíay we sell 25,000 to 50,000 pounds thirties two-ply skein twenty-seven cents deliveries following present orders. Please wire quick answer.”(2) Plaintiff to defendants…
2Cases cited6 opinions
- Dingley v. OlerSupreme Court of the United States · 1886
- Hinckley v. Pittsburgh Bessemer Steel Co.Supreme Court of the United States · 1887
- Butler v. ThomsonSupreme Court of the United States · 1876
- Slack v. Tucker & CSupreme Court of the United States · 1875
- Marks v. Van EeghenCourt of Appeals for the Second Circuit · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Buckeye Coal & Railway Co. v. Hocking Valley Railway Co.Supreme Court of the United States · 1925
- White & Hamilton Lumber Co. v. LynchSupreme Court of Georgia · 1924
- Dorman v. BoehringerCourt of Appeals of Texas · 1917
- Straus v. Spiegel, Inc.Court of Appeals for the Seventh Circuit · 1946