Texas Star Flour Mills Co. v. Moore
District Court, W.D. Michigan
At Law. Action by the Texas Star Flour Mills Company against Benjamin C. Moore and others. This is an action at law to recover damages for an alleged breach of contract. By stipulation of parties, trial by jury was waived, and the case was submitted to the court on the pleadings and proof. The court makes the following Finding of Facts.
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At Law. Action by the Texas Star Flour Mills Company against Benjamin C. Moore and others. This is an action at law to recover damages for an alleged breach of contract. By stipulation of parties, trial by jury was waived, and the case was submitted to the court on the pleadings and proof. The court makes the following Finding of Facts. (1) The contract is evidenced by written correspondence between the parties in the form of letters and telegrams respecting the sale of wheat by the defendants to the plaintiff. The plaintiff was at the times in question the owner and operator of a flour mill…
1Opinion of the CourtPhilips, District Judge
(after stating the facts as above). As the dealings between the parties, resulting in the contract tof sale of the wheat in question, is evidenced by telegrams and letters between them, •they must determine what the contract was.
The first correspondence, beginning on the 3d day of February, 1908, pertained to No. 2 wheat, and resulted in n,o contract, for on the 4th day of February, 1908, the plaintiff wrote the defendants saying:
“Your message quoting soft wheat received, but sorry we are unable to trade with you. Do not anticipate placing further orders in Kansas City for the present.”
On…
2Cases cited19 opinions
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- District of Columbia v. GallaherSupreme Court of the United States · 1888
- John D. Park & Sons Co. v. HartmanCourt of Appeals for the Sixth Circuit · 1907
- Cook v. FoleyCourt of Appeals for the Eighth Circuit · 1907
- Long-Bell Lumber Co. v. StumpCourt of Appeals for the Eighth Circuit · 1898
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3Cited by4 opinions
- Bartlett & Company, Grain v. The Merchants Company, the Merchants Company v. Bartlett& Company, GrainCourt of Appeals for the Fifth Circuit · 1963
- Dickson v. DarnellWashington Supreme Court · 1917
- Field v. DescalziSupreme Court of Pennsylvania · 1923
- Gillette v. Kelling Nut Co.Court of Appeals for the Fourth Circuit · 1950