Legal Opinion
National Importing & Trading Co. v. Clark
Court of Appeals for the Second Circuit
Decided November 10, 1920No. 41PublishedCited by 2 opinions
In Error to the District Court of the United States for the Southern District of New York. Action at law by Andrew Clark, doing business as B. D. Clark & Son, against the National Importing & Trading Company, Incorporated. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
MANTON, Circuit Judge.
Plaintiff below was engaged in the business of canning sardines, with a factory at Eastport, Me., and entered into a contract on the 11th of April, 1918, with the defendant below, a New York manufacturer, engaged in the import and export business. The contract provided for the sale of ten carloads of canned goods, one-fourth oil, Keyless sardines, in cotton seed oil. The contract provided:
“Price to be fixed by the government, f. o. b. Eastport, Maine. Shipment to go forward during the packing season, 1918, quantity to be named by the owners, not exceeding two cars for…
2Cited by2 opinions
- Canadian Nat. Ry. Co. v. George M. Jones Co.Court of Appeals for the Sixth Circuit · 1928
- Dwight Bros. Paper Co. v. GinzburgAppellate Court of Illinois · 1925