Miami Cycle & Mfg. Co. v. National Carbon Co.
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Western Division of the Southern District of Ohio; Howard C. Hollister, Judge. Action at law by the National Carbon Company against the Miami Cycle & Manufacturing Company. Judgment for plaintiff and defendant brings error.
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In Error to the District Court of the United States for the Western Division of the Southern District of Ohio; Howard C. Hollister, Judge. Action at law by the National Carbon Company against the Miami Cycle & Manufacturing Company. Judgment for plaintiff and defendant brings error. The Carbon Company, as the successor of the Ever-Ready Company (hereinafter called plaintiff), brought suit in the court below upon a contract by which the plaintiff agreed to manufacture and sell, and the Miami Company (hereinafter called defendant) agreed to buy, at $30 each, 2,500 mechanical self-starters, for…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1] Defendant’s first contention is that the starters were not “exactly as per sample.” This contention arises under conditions which require it to be carefully scrutinized. Although about one-half of the starters contracted for were shipped and received, and most of them were paid for, and the record contains a body of correspondence between the parties extending over several months with reference to the imperfections of the starter, and the oral testimony shows discussions and negotiations between them on the same subject for a long period, the claim that…
2Cases cited8 opinions
- Washington & Georgetown Railroad v. Harmon's AdministratorSupreme Court of the United States · 1893
- Baltimore & Ohio Railroad v. GriffithSupreme Court of the United States · 1895
- Massachusetts Benefit Assn. v. MilesSupreme Court of the United States · 1891
- Marmet Coal Co. v. People's Coal Co.Court of Appeals for the Sixth Circuit · 1915
- Kansas City Bolt & Nut Co. v. RoddCourt of Appeals for the Sixth Circuit · 1915
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3Cited by9 opinions
- Jessup & Moore Paper Co. v. Bryant Paper Co.Supreme Court of Pennsylvania · 1929
- Dunbar Bros. Co. v. Consolidated Iron Steel Mfg. Co.Court of Appeals for the Second Circuit · 1928
- Interstate Folding Box Co. v. Hodge Chile Co.Missouri Court of Appeals · 1960
- Templar Motors Co. v. Bay State Pump Co.Court of Appeals for the Sixth Circuit · 1923
- McGrath v. NolanCourt of Appeals for the Ninth Circuit · 1936
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