Legal Opinion
Bartlett & Company, Grain v. The Merchants Company, the Merchants Company v. Bartlett& Company, Grain
Court of Appeals for the Fifth Circuit
Decided October 3, 1963No. 20210PublishedCited by 14 opinions
1Opinion of the Court
WISDOM, Circuit Judge.
This action is for breach of contract. The subject of the contract is a barge load of com which, according to official inspection certificates, was one grade when shipped and two very different grades when it reached its destination. As we see it, the case turns on the construction of a contract which contains two apparently inconsistent provisions. The overall issue is whether the loss should fall on the purchaser or the seller. The district court decided in favor of the buyer. We reverse and remand.
The Merchants Company, and buyer and appellee, is a Mississippi…
2Cases cited31 opinions
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Mutual Life Insurance v. HillmonSupreme Court of the United States · 1892
- Shepard v. United StatesSupreme Court of the United States · 1933
- Pope v. AllisSupreme Court of the United States · 1885
- People v. One 1948 Chevrolet Convertible CoupeCalifornia Supreme Court · 1955
26 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- A. Dubreuil & Sons, Inc. v. Town of LisbonSupreme Court of Connecticut · 1990
- Tickner v. Union Insurance CompanyMissouri Court of Appeals · 1968
- McKinney Drilling Co. v. Collins Co., Inc.District Court, N.D. Alabama · 1981
- McKinney Drilling Company v. The Collins Company, Inc. And United States Fidelity and Guaranty CompanyCourt of Appeals for the Eleventh Circuit · 1983
- Seattle-First National Bank v. RandallCourt of Appeals for the Ninth Circuit · 1976
9 more not listed; retrieve them via the Exa API.