Lang & Gros Mfg. Co. v. Ft. Wayne Corrugated Paper Co.
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the District of Indiana. Action by the Dang & Gros Manufacturing Company against the Ft. Wayne Corrugated Paper Company, in which defendant admitted the claim sued On, but filed a counterclaim. Judgment for plaintiff for only the difference between its claim and the counterclaim, and plaintiff brings error.
Read the full summary
In Error to the District Court of the United States for the District of Indiana. Action by the Dang & Gros Manufacturing Company against the Ft. Wayne Corrugated Paper Company, in which defendant admitted the claim sued On, but filed a counterclaim. Judgment for plaintiff for only the difference between its claim and the counterclaim, and plaintiff brings error. The Manufacturing Company, plaintiff in error, sued the Paper Company, defendant in error, for $11,065.47 for merchandise sold. The Paper Company admitted the demand, but counterclaimed $10,415.29 as damages for breach -of contract…
1Opinion of the CourtAlschueer, Circuit Judge
(after stating the facts as above). To entitle the Paper Company to recover damages for breach to contract, it must appear that there was a contract to deliver 5 million yards of the tape basis one inch in weekly shipments of substantially 50,-000 yards 2". It is insisted for plaintiff in error: (1) That it never accepted defendant’s final order to deliver 50,000 yards weekly beginning October 1; (2) that it was under no obligation to deliver the tape, if the price of raw materials changed, or if it was unable to purchase raw materials when the orders were given, and that war conditions…
2Cases cited3 opinions
- Plumb v. CampbellIllinois Supreme Court · 1888
- Miller v. McManisIllinois Supreme Court · 1870
- Monarch Portland Cement Co. v. P. J. Creedon & SonsNebraska Supreme Court · 1913
3Cited by5 opinions
- Malooly v. York Heating & Ventilating Corp.Michigan Supreme Court · 1935
- Black & Yates, Inc. v. Negros-Philippine Lumber Co.Wyoming Supreme Court · 1924
- Tomlinson v. Wander Seed & Bulb Co.California Court of Appeal · 1960
- Ludowici-Celadon Co. v. McKinleyMichigan Supreme Court · 1943
- Maxwell v. United StatesCourt of Appeals for the Fourth Circuit · 1925