Legal Opinion
T. B. Walker Mfg. Co. v. Swift & Co.
Court of Appeals for the Fifth Circuit
Decided October 7, 1912No. 2,287PublishedCited by 21 opinions
In Error to the Circuit Court of the United States for the Western District of Texas; Thomas S. Alaxey, Judge. Action by the T. B. Walker Manufacturing Company against Swift & Co. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
SHELBY, Circuit Judge.
In 1909 the parties to this suit, who, for purposes of jurisdiction, are citizens of different states, made the fol- . lowing contract of sale:
“This agreement witnessetk: That Swift & Company, Austin, Texas, agree, to sell and deliver, and T. B. Walker Manufacturing Company, Austin, Texas, agree to buy and receive, 175,000 pounds to 225,000 pounds beef trimmings, fresh or frozen, seller’s option. If fresh, packed in barrels; if frozen, packed in 100-pound boxes. We take care of buyer’s needs this year.
“Delivery — By seller’s team at buyer’s place of business as wanted by…
2Cases cited2 opinions
- Crane v. C. Crane & Co.Court of Appeals for the Seventh Circuit · 1901
- A. Klipstein & Co. v. AllenDistrict Court, N.D. Georgia · 1903
3Cited by21 opinions
- Grand Prairie Gravel Co. v. Joe B. Wills Co.Court of Appeals of Texas · 1916
- Shader Contractors, Inc. And Citizens National Bank of Orlando, Assignee v. United StatesUnited States Court of Claims · 1960
- Eustis Mining Co. v. Beer, Sondheimer & Co.District Court, S.D. New York · 1917
- Tennant v. WildeCalifornia Court of Appeal · 1929
- Fuchs v. United Motor Stage Co.Ohio Supreme Court · 1939
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