Hirsch v. Georgia Iron & Coal Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Southern District of Ohio. Action by vendor for breach of contract for the purchase of 3,000 tons of pig iron. The contract was upon a printed form. The vendor was the Georgia Iron & Coal Company, whose furnace was at Rising Fawn, Ga. The vendee was Isaac C. Hirseh, doing business in Cincinnati, under the name of “The General Manufacturing & Supply Company of America.”
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In Error to the Circuit Court of the United States for the Southern District of Ohio. Action by vendor for breach of contract for the purchase of 3,000 tons of pig iron. The contract was upon a printed form. The vendor was the Georgia Iron & Coal Company, whose furnace was at Rising Fawn, Ga. The vendee was Isaac C. Hirseh, doing business in Cincinnati, under the name of “The General Manufacturing & Supply Company of America.” The contract was in these words: “Sale Memorandum, Issued from the Office of Rogers, Brown & Company, Furnace Agents. “Cincinnati, November 25, 1904. “No. 79,342. “Sold…
1Opinion of the CourtLurton, Circuit Judge
(after stating the facts as above). The errors assigned turn mainly upon the- interpretation of the contract in respect to delivery. The plaintiff in error, when asked to furnish shipping directions, refused to furnish any, and directed that the iron be delivered to a storage or warrant company at Rising Fawn and certificates or warrants delivered to him. There was much correspondence and some oral interviews between the parties in respect to this demand for delivery by warrant, and the buyer’s unwillingness to give such shipping directions as would enable the seller to secure cars upon which…
2Cases cited3 opinions
- Lawrence v. PorterCourt of Appeals for the Sixth Circuit · 1894
- Lillard v. Kentucky Distilleries & Warehouse Co.Court of Appeals for the Sixth Circuit · 1904
- Silberman v. . ClarkNew York Court of Appeals · 1884
3Cited by14 opinions
- Campfield v. SauerCourt of Appeals for the Sixth Circuit · 1911
- Howard Supply Co. v. WellsCourt of Appeals for the Sixth Circuit · 1910
- Cain v. Grosshans & Petersen, Inc.Supreme Court of Kansas · 1966
- Stanley Manly Boys' Clothes Inc. v. HickeyTexas Supreme Court · 1924
- Ten Broeck Tyre Co. v. Rubber Trading Co.Court of Appeals of Kentucky · 1919
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