Legal Opinion

Wheeler v. New Brunswick & Canada Railroad

Supreme Court of the United States

Decided May 4, 1885No. 279PublishedCited by 31 opinions

IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF CONNECTICUT. This was an action at law brought by defendant in error, as plaintiff below, to recover damages of plaintiffs in error, for refusal to receive a quantity of old rails under a contract. The facts which make the case are stated in the opinion of the court.

1Opinion of the CourtJustice Miller

The case was submitted to the court without a jury, add the question to be decided here is, whether on the finding of facts the judgment for plaintiff below is right.

The action was brought by the railroad company on the following agreement:

“ New Haven, Jern’y 31, 1880.

James Murchie, Esq.,

V. Pres’tN. Brunswick efe Cemada R. R.

Dear Sir: We have this day bought of you, as representative of the New Brunswick & Canada R. R. Co., one thousand tons old rails, for delivery in New York or New Haven (at our option), at $30, without duty, and delivery to be before Aug. 1st; and also two (2) to six…

2Cases cited2 opinions

  1. M'Nitt v. ClarkNew York Supreme Court · 1811
  2. Townsend v. WellsSupreme Court of Connecticut · 1809

3Cited by31 opinions

  1. Dingley v. OlerSupreme Court of the United States · 1886
  2. Southern Travelers' Ass'n v. WrightTexas Commission of Appeals · 1931
  3. Swift v. . Pacific Mail Steamship Co.New York Court of Appeals · 1887
  4. Pitcairn v. American Refrigerator Transit Co.Court of Appeals for the Eighth Circuit · 1939
  5. Wright v. KaynorMichigan Supreme Court · 1907

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