Mississippi River Logging Co. v. Robson
Court of Appeals for the Eighth Circuit
In Error to tbe Circuit Court of the United States for the Northern District of Iowa. This was a suit by John Robson, the defendant in error, against the Mississippi River Logging Company, the plaintiff in error, to recover damages for a breach of a written contract between said parties, that was entered into on August 23, 1882. A jury having been waived, the'case comes before this court for review on a special finding of facts made by the Honorable O. P. Shiras, before whom…
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In Error to tbe Circuit Court of the United States for the Northern District of Iowa. This was a suit by John Robson, the defendant in error, against the Mississippi River Logging Company, the plaintiff in error, to recover damages for a breach of a written contract between said parties, that was entered into on August 23, 1882. A jury having been waived, the'case comes before this court for review on a special finding of facts made by the Honorable O. P. Shiras, before whom the case was tried. The several special findings that are most material to the discussion of the several errors that…
1Opinion of the CourtThayer, Circuit Judge
It was insisted on the oral argument of the case by counsel for the plaintiff in error, and the point is elaborated to some extent in the brief, that the circuit court erred in holding that the logging com patty was not relieved of its obligation to further perform its contract by the tilling up of Beef Slough,which was occasioned, as it seems, by an extraordinary flood in the Chippewa river, that occurred in the year 1884. It was insisted that the Ailing up of the slough was an act of God, which rendered further performance of the contract impossible, and operated to discharge the same. This…
2Cases cited9 opinions
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Mers v. Franklin InsuranceSupreme Court of Missouri · 1878
- Willetts v. . the Sun Mutual Ins. Co.New York Court of Appeals · 1871
- Campbell v. A. Lambert & Co.Supreme Court of Louisiana · 1884
- Stensgaard v. SmithSupreme Court of Minnesota · 1890
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3Cited by30 opinions
- Twin City Pipe Line Co. v. Harding Glass Co.Supreme Court of the United States · 1931
- Childs v. City of ColumbiaSupreme Court of South Carolina · 1911
- Massachusetts Bonding & Ins. Co. v. Norwich Pharmacal Co.Court of Appeals for the Second Circuit · 1927
- United States v. Mammoth Oil Co.Court of Appeals for the Eighth Circuit · 1926
- Indianapolis Northern Traction Co. v. BrennanIndiana Supreme Court · 1909
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