Charles F. Murphey Co. v. Fulton Bag & Cotton Mills
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois. Action at law by the Pulton Bag & Cotton Mills against the Charles F. Murphey Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
EVANS, Circuit Judge.
Defendant prosecutes this writ of error to review a judgment arising out of a contract for. the purchase and sale of 50,000 cotton bags of a certain kind and description. Plaintiff made tender under its contract, and defendant rejected the bags thus tendered because of their alleged failure to meet the contract requirements. Plaintiff also relied upon the acceptance of a portion of the shipment as binding defendant to accept all of it. It is in reference to this theory that error is assigned, which requires our consideration of the judge’s charge to the jury. To better…
2Cases cited4 opinions
- Cream City Glass Co. v. FriedlanderWisconsin Supreme Court · 1893
- Bell v. AndersonWisconsin Supreme Court · 1889
- Philadelphia Whiting Co. v. Detroit White Lead WorksMichigan Supreme Court · 1885
- Springfield Engine Stop Co. v. SharpMassachusetts Supreme Judicial Court · 1903
3Cited by1 opinion
- Comtel Technologies, Inc. v. Paul H. Schwendener, Inc.District Court, N.D. Illinois · 2010