Consumers' Cotton-Oil Co. v. Ashburn
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Northern District of Texas. Two actions heard together, the one by Consumers’ Cotton-Oil Company against E. J. Ashburn for the price of goods sold, and the other by E. J. Ashburn against the company for damages for breach of contract. • Verdict for plaintiff in the latter action, and judgment in his favor for balance due after deducting the amount sued for by the company, and admitted by him to be due.
1Opinion of the Court
NEWMAN, District Judge.
It appears from the record in this case that in September, 1893, W. I. Yopp, as the representative of the Consumers’ Cotton-Oil Company, entered into negotiations with E. J. Ashburn, at Y7aco, Tex., for the sale by said company to Ashburn of certain cotton-seed meal and hulls. The conversation and negotiations finally resulted in what is claimed by Ashburn to have been a contract for the sale by the said company to Ashburn of 2,600 tons of hulls and 600 tons of meal; the hulls at $2.75 per ton, and the meal at $17.25'per ton.- A memorandum was made at the request of…
2Cases cited11 opinions
- Logan v. United StatesSupreme Court of the United States · 1892
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Southern Pacific Co. v. DentonSupreme Court of the United States · 1892
- The BANK OF THE UNITED STATES v. the Bank of WashingtonSupreme Court of the United States · 1832
- NUDD v. Burrows, AssigneeSupreme Court of the United States · 1875
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3Cited by13 opinions
- Philadelphia & R. Ry. Co. v. MarlandCourt of Appeals for the Third Circuit · 1917
- Knight v. Illinois Cent. R. Co.Court of Appeals for the Sixth Circuit · 1910
- Snowball v. Maney Bros. & Co.Wyoming Supreme Court · 1928
- McCabe Const. Co. v. Utah Const. Co.District Court, D. Oregon · 1912
- Williamson v. Liverpool & London & Globe Ins.Court of Appeals for the Eighth Circuit · 1905
8 more not listed; retrieve them via the Exa API.