Legal Opinion
Burrows & Kenyon, Inc. v. Warren
Court of Appeals for the First Circuit
Decided December 7, 1925No. 1870PublishedCited by 8 opinions
1Opinion of the Court
ANDERSON, Circuit Judge.
This is an action for breach of a contract for the purchase of lumber, brought by Lingan A. Warren of Jacksonville, Pla. (herein called the seller), against Burrows & Kenyon, Ine., of Providence, R. I. (herein called the buyer). The seller bad a verdict for $4,809.38. The existence and terms of the contract are not in dispute.
But the buyer insists that the seller was himself in default; that he never made a legally sufficient offer to perform. The main question is as to whether the court below should have ordered a verdict for the de*2fendant. Minor questions are as to…
2Cases cited9 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Filley v. PopeSupreme Court of the United States · 1885
- Goddard v. FosterSupreme Court of the United States · 1873
- Ames Mercantile Co. v. Kimball S. S. Co.District Court, N.D. California · 1903
- Auto & Accessories Mfg. Co. v. Merchants' National BankCourt of Appeals of Maryland · 1911
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Drainage Dist. No. 1 v. RudeCourt of Appeals for the Eighth Circuit · 1927
- C. C. Mengel & Bro. Co. v. Handy Chocolate Co.Court of Appeals for the First Circuit · 1926
- (PC) Clark v. ClevelandDistrict Court, E.D. California · 2022
- (PC) Smith v. DiezDistrict Court, E.D. California · 2025
- Keystone Steel & Wire Co. v. Pierce Oil Corp.Court of Appeals for the Seventh Circuit · 1927
3 more not listed; retrieve them via the Exa API.