Interstate Iron & Steel Co. v. Northwestern Bridge & Iron Co.
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern District of Wisconsin. Action by the Northwestern Bridge & Iron Company against the Interstate Iron & Steel Company. Judgment for plaintiff, and defendant brings error. The action was for damages for breach of two written contracts to manufacture and deliver iron and steel. Judgment for $35,259.37 went against plaintiff in error.
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In Error to the District Court of the United States for the Eastern District of Wisconsin. Action by the Northwestern Bridge & Iron Company against the Interstate Iron & Steel Company. Judgment for plaintiff, and defendant brings error. The action was for damages for breach of two written contracts to manufacture and deliver iron and steel. Judgment for $35,259.37 went against plaintiff in error. Northwestern Bridge & Iron Company, of Milwaukee, defendant in error,' was a fabricator and erector of structural iron and steel, and plaintiff in error, Interstate Iron & Steel Company, was a…
1Opinion of the CourtAcsciiufer, Circuit Judge
(after stating the facts as abone). [1] The judgment is assailed upon various grounds, but the one which goes to the root of action is the contention that the contracts are not enforceable because of the clause:
“It is understood that il the tonnages are not specified as called for in this contract they shall be automatically canceled.”
Plaintiff in error insists that this left it entirely optional with defendant in error to take or not to take any or alb of the tonnage, and, no consideration appearing' for the agreements to sell, neither party became obligated by the contracts. Contracts with…
2Cases cited12 opinions
- Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1902
- Velie Motor Car Co. v. Kopmeier Motor Car Co.Court of Appeals for the Seventh Circuit · 1912
- Crane v. C. Crane & Co.Court of Appeals for the Seventh Circuit · 1901
- Oakland Motor Car Co. v. Indiana Automobile Co.Court of Appeals for the Seventh Circuit · 1912
- Western Union Telegraph Co. v. BrownSupreme Court of the United States · 1920
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Chevrolet Motor Co. v. GladdingCourt of Appeals for the Fourth Circuit · 1930
- United States v. A. Bentley & Sons Co.District Court, S.D. Ohio · 1923
- Boehmer Coal Co. v. Burton Coal Co.Court of Appeals for the Eighth Circuit · 1924
- Chevrolet Motor Co. v. GladdingCourt of Appeals for the Fourth Circuit · 1930