Legal Opinion
A. M. Webb & Co. v. Robert P. Miller Co.
District Court, E.D. Pennsylvania
Decided May 3, 1948No. Civil Action 4240PublishedCited by 9 opinions
1Opinion of the Court
KIRKPATRICK, District Judge.
This is an action by a selling agency against a manufacturer to recover damages for breach of a written agreement made January 9, 1941, which provided that the plaintiff would have the exclusive disposal of the entire output of the defendant’s mill for a period of five years. No price was mentioned and for that reason this Court, on a preliminary motion by the defendant, dismissed the action holding that, inasmuch as an essential term was omitted, the writing amounted to no more than an agreement to agree in the future and was unenforceable. The Circuit Court of…
2Cases cited4 opinions
- A. M. Webb & Co. v. Robert P. Miller Co.Court of Appeals for the Third Circuit · 1946
- Frederick EstateSuperior Court of Pennsylvania · 1944
- Kann v. Wausau Abrasives Co.Supreme Court of New Hampshire · 1931
- Mills Woven Cartridge Belt Co. v. MalleyCourt of Appeals for the First Circuit · 1923
3Cited by9 opinions
- Nina Merrill v. Beaute Vues Corporation, a Corporation and Waval Thermal Company, a CorporationCourt of Appeals for the Tenth Circuit · 1956
- Wormsbecker v. Donovan Construction Co.Supreme Court of Minnesota · 1956
- A. M. Webb & Co. v. Robert P. Miller Co.Court of Appeals for the Third Circuit · 1949
- United States v. 3,065.94 Acres of LandDistrict Court, S.D. California · 1960
- Rothenberg v. H. Rothstein & SonsDistrict Court, E.D. Pennsylvania · 1949
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