Clement v. Field
Supreme Court of the United States
' ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. This action was commenced in the District Court of Eice County, Kansas, August 10,1885, by the plaintiffs in error, and in the following month, after the pleadings were filed, was removed into the Circuit Court of the United States for the District of Kansas.
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' ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. This action was commenced in the District Court of Eice County, Kansas, August 10,1885, by the plaintiffs in error, and in the following month, after the pleadings were filed, was removed into the Circuit Court of the United States for the District of Kansas. The essential averments of the petition are that on or before June 22, 1883, W. E. Clement, M. B; Clement, and Charles Eustis, partners doing business under the firm name of Clement, Eustis & Co., were engaged in raising sorghum cane, and manufacturing sugar…
1Opinion of the CourtJustice Shiras
This was an action to recover, damagés for an alleged breach of warranty, and we are called upon to consider the legal effect of a plea to the action, setting up a former recovery by the plaintiffs.
• The transaction out of which the controversy arose was a sale by J. A. Field & Co., defendants in error, to Clement, Eustis & Co., plaintiffs in error, of a cane mill for the sum of $1850, whereof .$500 was payable in cash, and the rest in notes secured by a chattel mortgage on the mill. One of the terms of the sale was a warranty by the. vendors that the mill would do as. good work as. any other…
2Cases cited1 opinion
- Merriam v. WoodcockMassachusetts Supreme Judicial Court · 1870
3Cited by15 opinions
- United States v. 243.22 Acres of LandCourt of Appeals for the Second Circuit · 1942
- Zimmerman v. Sunset Lumber Co.Oregon Supreme Court · 1910
- Frank L. Young Co. v. McNeal-Edwards Co.Supreme Court of the United States · 1931
- Miller v. ThayerSupreme Court of Kansas · 1915
- Marks v. Frigidaire Sales Corp.Court of Appeals for the D.C. Circuit · 1931
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