Legal Opinion

Lutz v. Roberts Cotton Oil Co.

Superior Court of Delaware

Decided March 12, 1912No. 41PublishedCited by 6 opinions

Action in Assumpsit Demurrer to plea, averring a former adjudication in the courts of Tennessee. The questions presented appear in the opinion of the court, sustaining the demurrer.

1Opinion of the Court

Woolley, J.,

delivering the opinion of the court:

This is an action upon a contract made between the plaintiff and defendant, whereby the plaintiff trading as a machine com*229pany declared he undertook to furnish and deliver and did furnish and deliver to the defendant oil company, a machine of a certain type and size, fitted with certain devices and possessing a certain capacity; that for the machine the defendant oil company promised to pay the plaintiff a sum agreed upon, but the defendant oil company, in violation of its promise to pay therefor the sum so agreed to be paid, has refused to pay…

2Cases cited19 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Thompson v. WhitmanSupreme Court of the United States · 1874
  3. Galpin v. PageSupreme Court of the United States · 1874
  4. St. Clair v. CoxSupreme Court of the United States · 1882
  5. Freeman v. AldersonSupreme Court of the United States · 1886

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3Cited by6 opinions

  1. Cantor v. SachsCourt of Chancery of Delaware · 1932
  2. Spoturno v. WoodsSupreme Court of Delaware · 1937
  3. Guayaquil & Quito Railway Co. v. Suydam Holding Corp.Supreme Court of Delaware · 1957
  4. Brown v. Insurance Equities Corp.Court of Chancery of Delaware · 1936
  5. Omnium De Participations Industries De Luxe (S. A.) v. SpoturnoSuperior Court of Delaware · 1937

1 more not listed; retrieve them via the Exa API.

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