Dermott Land & Lumber Co. v. Walter A. Zelnicker Supply Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Eastern District of Arkansas; Jacob Trieber, Judge. Suit in equity by the Walter A. Zelnicker Supply Company against the Dermott Land & Lumber Company. Decree for complainant, and defendant appeals.
1Dissent
LEWIS, District Judge.
My dissent rests upon two propositions relied on by appellant, which I think should have been applied in this case:
First, the purchase and sale Was of all the material (excluding only cross-ties) in a logging railroad, including rolling stock at an agreed gross price. Deliveries were to be made by the seller in installments as ordered, and on each delivery a payment down was made by the buyer. A small per cent, of these payments was taken out of an advanced deposit of $22,500 with the seller, made by the buyer when the contract was executed, and the balance was paid over…
2Cases cited6 opinions
- Kauffman v. RaederCourt of Appeals for the Eighth Circuit · 1901
- Lyon v. BertramSupreme Court of the United States · 1858
- Eclipse Bicycle Co. v. FarrowSupreme Court of the United States · 1905
- Cresswell Ranch & Cattle Co. v. MartindaleCourt of Appeals for the Eighth Circuit · 1894
- Gordon Tiger Mining & Reduction Co. v. BrownSupreme Court of Colorado · 1914
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