Brockenbrough v. Champion Fibre Co.
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court of the United States for the Western District of North Carolina, at Asheville. Action by Edward H. Brockenbrough against the Champion Fibre Company. Judgment for defendant, and plaintiff brings error.
Read the full summary
In Error to the Circuit Court of the United States for the Western District of North Carolina, at Asheville. Action by Edward H. Brockenbrough against the Champion Fibre Company. Judgment for defendant, and plaintiff brings error. This was an action at law instituted in the superior court of McDowell county, N. C., by Edward H. Brockenbrough, a citizen of Virginia, against the Champion Fibre Company, an Ohio corporation, operating a wood fiber, pulp, and extract plant at Canton, N. C. The complaint sets forth the execution of a contract whereby the plaintiff was to deliver from a certain…
1Opinion of the CourtDayton, District Judge
(after stating the facts as above). In our judgment the controversy in this case, under the pleadings, narrows itself to a single question of law and fact. It is undisputed that the plaintiff in error had a five-year contract to deliver to defendant in error cordwood within fixed minimum and maximum limits each year for prices increasing in amount from year to year; that he was to commence delivery July, 1908, but, at the request of the defendant company, without objection postponed the beginning of delivery until October 1, 1908; that about October 14th he went from his contract work in…
2Cases cited10 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Dingley v. OlerSupreme Court of the United States · 1886
- Smoot's CaseSupreme Court of the United States · 1873
- Sloan v. . HartSupreme Court of North Carolina · 1909
- May v. Getty.Supreme Court of North Carolina · 1905
5 more not listed; retrieve them via the Exa API.