Legal Opinion

Columbia Malting Co. v. Clausen-Flanagan Corporation

Court of Appeals for the Second Circuit

Decided November 3, 1924No. 23PublishedCited by 12 opinions

1Opinion of the CourtRogers, Circuit Judge

(after stating the facts as above). ’ The question presented is whether the contract sued upon amounted in law to a contract. The defendant claims that it did not because there was no meeting of the minds. The court below took the same view, and held that there was no real mutual assent between the parties.

The “contract” upon which the suit was brought reads as follows:

“The Columbia Malting Company, Chicago, Illinois.
“Malt contract between Clausen-Flanagan Brewery of New. York, N. Y., the buyer, and the Columbia Malting Company, of Chicago, Ill., the seller.
“Date: May 3, 1920.
“Quantity:…

2Cases cited10 opinions

  1. Poel v. . Brunswick-Balke-Collender Co.New York Court of Appeals · 1915
  2. National Bank v. HallSupreme Court of the United States · 1880
  3. Curtis Land & Loan Co. v. Interior Land Co.Wisconsin Supreme Court · 1908
  4. Neer v. LangCourt of Appeals for the Second Circuit · 1918
  5. Prescott v. JonesSupreme Court of New Hampshire · 1898

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

3Cited by12 opinions

  1. Beech Aircraft Corp. v. Flexible Tubing Corp.District Court, D. Connecticut · 1967
  2. Spero-Nelson v. BrownCourt of Appeals for the Sixth Circuit · 1949
  3. West Construction, Inc. v. Florida Blacktop, Inc.District Court of Appeal of Florida · 2012
  4. Interstate Folding Box Co. v. Hodge Chile Co.Missouri Court of Appeals · 1960
  5. Banking & Trading Corp. v. Reconstruction Finance Corp.District Court, S.D. New York · 1956

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API