Edwards Mfg. Co. v. Bradford Co.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action by the Bradford Company against the Edwards Manufacturing Company. Judgment for plaintiff, and defendant brings error. Writ of error to a judgment for $31,200 in favor of defendant in error, which was plaintiff below. The parties will be referred to as aligned below. The facts will be stated only so far as necessary to present the questions of law here reviewable.
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In Error to the District Court of the United States for the Southern District of New York. Action by the Bradford Company against the Edwards Manufacturing Company. Judgment for plaintiff, and defendant brings error. Writ of error to a judgment for $31,200 in favor of defendant in error, which was plaintiff below. The parties will be referred to as aligned below. The facts will be stated only so far as necessary to present the questions of law here reviewable. On September 6, 1017, plaintiff made a contract in writing with the Japanese firm of Suzuki & Co. to sell 300 tons of sheet steel, 30…
1Opinion of the CourtMayer, Circuit Judge
(after stating the facts as above). The trial court submitted three questions of fact to the jury (1) whether the contract with Suzuki & Co. was modified, (2) whether defendant had notice at the time of contracting with plaintiff that plaintiff had a then existing contract of sale to a Japanese customer, and (3) whether damages should be computed by taking the Suzuki contract on a long ton or a short ton basis.
Daycock had died before the trial, and, although Hecht’s testimony in respect of questions (1) and (2) was uncontradicted, he was an interested witness, and, for that reason, the court…
2Cases cited29 opinions
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Crane v. . PowellNew York Court of Appeals · 1893
- Moore v. CrawfordSupreme Court of the United States · 1889
- Rice v. . ManleyNew York Court of Appeals · 1876
- Williams v. VreelandSupreme Court of the United States · 1919
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