Cresswell Ranch & Cattle Co. v. Martindale
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Western District of Missouri. Action by William Martindale and Thomas J. Price against the Cresswell Ranch & Cattle Company, Limited, for a breach of contract to deliver cattle. The district court rendered a decree for the plaintiffs. Defendant appeals.
1Opinion of the Court
SANBORN, Circuit Judge.
If the vendee of personal property, to be delivered and paid for in installments, refuses, upon the demand of the vendor, to accept and pay for a substantial part of an installment according to the contract, will the fact that he does so in good faith, and in the belief that he is not required by the contract to receive any of the property so rejected, deprive the vendor of his right to refuse to further perform the contract on his part? This is the principal question presented by this case.
September 19,’ 1892, the Cresswell Ranch & Cattle Company, Limited, a…
2Cases cited13 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- State Ex Rel. Markley v. BaldwinSupreme Court of the United States · 1884
- Cleveland Rolling Mill v. RhodesSupreme Court of the United States · 1887
- Filley v. PopeSupreme Court of the United States · 1885
- Branch, Sons & Co. v. PalmerSupreme Court of Georgia · 1880
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3Cited by15 opinions
- Rice v. Fidelity & Deposit Co.Court of Appeals for the Eighth Circuit · 1900
- National Surety Co. v. LongCourt of Appeals for the Eighth Circuit · 1903
- Loudenback Fertilizer Co. v. Tennessee Phosphate Co.Court of Appeals for the Sixth Circuit · 1903
- Stokes v. United StatesCourt of Appeals for the Eighth Circuit · 1920
- Atlantic Coast Line R. v. TillerCourt of Appeals for the Fourth Circuit · 1944
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