Legal Opinion
Baumlin & Ernst, Ltd. v. Gemini, Ltd. John L. Stickley & Company John L. Stickley John L. Stickley, Jr.
Court of Appeals for the Fourth Circuit
Decided December 30, 1980No. 80-1175PublishedCited by 25 opinions
1Opinion of the Court
MURNAGHAN, Circuit Judge:
Baumlin & Ernst, Ltd., plaintiff and appellee, is a Swiss corporation which manufactures and exports yarn for sale in the United States and elsewhere. Commencing in October of 1972, several lots were sold and delivered to Gemini, Ltd., a North Carolina corporation.
The initial lot and all subsequent lots were covered by an order confirmation form employed by appellee identical in all cases except for the specification as to date and price for each individual order. The order form, inter alia, states that, in the absence of an agreement to the contrary, prices would be…
2Cases cited11 opinions
- Swift & Co. v. United StatesSupreme Court of the United States · 1928
- Robert James Lubben v. Selective Service System Local Board No. 27Court of Appeals for the First Circuit · 1972
- V. T. A., Inc. v. Airco, Inc.Court of Appeals for the Tenth Circuit · 1979
- Deutsche Bank Filiale Nurnberg v. HumphreySupreme Court of the United States · 1926
- In Re Texlon CorporationCourt of Appeals for the Second Circuit · 1979
6 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Zamani v. CarnesCourt of Appeals for the Ninth Circuit · 2007
- Zamani v. CarnesCourt of Appeals for the Ninth Circuit · 2007
- Leidos, Inc. v. Hellenic RepublicCourt of Appeals for the D.C. Circuit · 2018
- Competex, S.A. (In Liquidation) v. Ronald LabowCourt of Appeals for the Second Circuit · 1986
- Wendt v. LeonardCourt of Appeals for the Fourth Circuit · 2005
20 more not listed; retrieve them via the Exa API.