Goddard v. Crefield Mills
Court of Appeals for the Second Circuit
Error from the Circuit Court of the United States for tlie Southern District of Yew York. Action by the Creñeld Mills against Warren A. Goddard and another. There was a judgment for plaint iff (69 Fed. 141), and defendants bring error. This case comes here on a writ of error lo review a judgment oí the cirriiit court, Southern district of New York, entered upon the verdict of a jury in favor of defendant in error, who was plaintiff below.
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Error from the Circuit Court of the United States for tlie Southern District of Yew York. Action by the Creñeld Mills against Warren A. Goddard and another. There was a judgment for plaint iff (69 Fed. 141), and defendants bring error. This case comes here on a writ of error lo review a judgment oí the cirriiit court, Southern district of New York, entered upon the verdict of a jury in favor of defendant in error, who was plaintiff below. The action was brought to recover for damages by plaintiff, a Connecticut corporation, by reason of the failure of the defendants to take certain goods…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts). 1. It is assigned as error that the court refused to allow ihe witness Pope to give his opinion, as an expert, as to “what would be a reasonable time for the performance of the contract.” The complaint averred tlmt the respective parts of the contract were to be performed at and within reasonable times, respectively, — an averment denied by the answer. It was part of the plaintiff’s case, therefore, to prove that the contract did contain such a clause, and also what a reasonable time really was. This last could be shown either by the opinion of experts, or by show*820ing…
2Cases cited2 opinions
- Railway Co. v. Whitton's AdministratorSupreme Court of the United States · 1872
- Crefeld Mills v. GoddardU.S. Circuit Court for the District of Southern New York · 1895
3Cited by8 opinions
- Eggen v. United StatesCourt of Appeals for the Eighth Circuit · 1932
- Resurrection Gold Min. Co. v. Fortune Gold Min. Co.Court of Appeals for the Eighth Circuit · 1904
- Harrold v. Territory of OklahomaCourt of Appeals for the Eighth Circuit · 1909
- Balliet v. United StatesCourt of Appeals for the Eighth Circuit · 1904
- Chicago Mill & Lumber Co. v. SimsMissouri Court of Appeals · 1903
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