Legal Opinion

A. F. Pylant, Inc. v. Escambia Treating Company

Court of Appeals for the Fifth Circuit

Decided May 13, 1960No. 18101PublishedCited by 2 opinions

1Opinion of the Court

WISDOM, Circuit Judge.

This case turns on the construction of a contract. The point at issue is whether the parties agreed to a second inspection of seasoned cross-ties, subject to certain “rigid” specifications, the ties having already passed an earlier inspection in the green or unseasoned state. We agree with the trial judge’s construction of "the contract, and affirm the judgment below.

Appellant, A. F. Pylant, Inc., a Mississippi corporation, cuts and sells crude cross-tie timbers. Appellee, Escambia Treating Company, a Florida corporation, creosotes and sells treated railroad cross-ties.…

2Cases cited3 opinions

  1. Moran v. PratherSupreme Court of the United States · 1875
  2. Edward E. Morgan Co. v. United StatesCourt of Appeals for the Fifth Circuit · 1956
  3. New Roads Oilmill & Mfg. Co. v. Kline, Wilson & Co.Court of Appeals for the Fifth Circuit · 1907

3Cited by2 opinions

  1. Lipschutz v. Gordon Jewelry CorporationDistrict Court, S.D. Texas · 1974
  2. Offices Togolais Des Phosphates v. Mulberry Phosphates, Inc.District Court, M.D. Florida · 1999

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