O. C. Barber Mining & Fertilizing Co. v. Brown Hoisting Machinery Co.
Court of Appeals for the Sixth Circuit
In Error- to the District Court of the United States for the Eastern Division of the Northern District of Ohio; D. C. Westenhaver, Judge. Action by the Brown Hoisting Machinery Company against the O. C. Barber Mining & Fertilizing Company, which counterclaimed. There was a judgment for plaintiff, and defendant brings error.
1Opinion of the Court
WARRINGTON, Circuit Judge.
Action to recover purchase price, $6,400, and interest, for sale of a 10-ton type “H” 4-wheel Brownhoist locomotive crane. The Brown Company, plaintiff below and herein called the seller, recovered judgment, and the Barber Company, defendant below and herein called the buyer prosecutes error.
The terms of sale were defined by written contract. The crane was to be delivered and completely erected by the seller at the plant of the buyer in Howenstine, near the city of Canton, Ohio.1 The buyer was then engaged in the manufacture of fertilizing lime from limestone and…
2Cases cited28 opinions
- Dushane v. BenedictSupreme Court of the United States · 1887
- State ex rel. Peters v. McCollisterOhio Supreme Court · 1841
- Davis Calyx Drill Co. v. MalloryCourt of Appeals for the Eighth Circuit · 1905
- National Refrigerator & Butchers Supply Co. v. ParmaleeCourt of Appeals of Georgia · 1911
- Sayles v. QuinnMassachusetts Supreme Judicial Court · 1907
23 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Drumar Mining Co. v. Morris Ravine Mining Co.California Court of Appeal · 1939
- Davenport Ladder Co. v. Edward Hines Lumber Co.Court of Appeals for the Eighth Circuit · 1930
- Burge Ice MacHine Company, an Illinois Corporation v. George J. Weiss, George J. Weiss v. Burge Ice MacHine Company, an Illinois CorporationCourt of Appeals for the Sixth Circuit · 1955
- George v. CrowderCourt of Appeals for the Fourth Circuit · 1923
- Service Conveyor Company, a Michigan Corporation v. Shatterproof Glass Corporation, a Delaware CorporationCourt of Appeals for the Sixth Circuit · 1955
6 more not listed; retrieve them via the Exa API.