Lima Locomotive & Machine Co. v. National Steel Castings Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Western Division of the Northern District of Ohio. Action upon account for goods sold and delivered, and cross-action for damages for breach of contract. Jury waived. The trial judge made a finding of facts and a general finding for the plaintiff for the full amount of the account and against the defendant upon its cross-petition.
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In Error to the Circuit Court of the United States for the Western Division of the Northern District of Ohio. Action upon account for goods sold and delivered, and cross-action for damages for breach of contract. Jury waived. The trial judge made a finding of facts and a general finding for the plaintiff for the full amount of the account and against the defendant upon its cross-petition. On April 10, 1902, the National Steel Castings Company made in writing the following proposition to the Lima Locomotive & Machine Company: “Gentlemen: We make the following proposition for furnishing all…
1Opinion of the Court 1
After making the foregoing statement of the case,
2Opinion of the Court · LurtonLurton, Circuit Judge
*791. We find ourselves unable to agree with the learned circuit judge in respect to the nonmutuality of the contract by which the plaintiff agreed to supply all of the ‘Requirements” of the defendant’s business for the remainder of the year 1902. The defendant was engaged in an established manufacturing business which required a large amount of steel castings. This was well known to the plaintiff, and the proposition made and accepted was made with reference to the “requirements” of that well-established business. The plaintiffs were not proposing…
3Cases cited5 opinions
- Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1902
- Minnesota Lumber Co. v. Whitebreast Coal Co.Illinois Supreme Court · 1895
- Loudenback Fertilizer Co. v. Tennessee Phosphate Co.Court of Appeals for the Sixth Circuit · 1903
- Wells v. . AlexandreNew York Court of Appeals · 1891
- Lillard v. Kentucky Distilleries & Warehouse Co.Court of Appeals for the Sixth Circuit · 1904
4Cited by34 opinions
- Coca-Cola Bottling Co. v. Coca-Cola Co.District Court, D. Delaware · 1920
- Marx v. American Malting Co.Court of Appeals for the Sixth Circuit · 1909
- Tennant v. WildeCalifornia Court of Appeal · 1929
- Fuchs v. United Motor Stage Co.Ohio Supreme Court · 1939
- Rehm-Zeiher Co. v. F. G. Walker Co.Court of Appeals of Kentucky · 1913
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