Legal Opinion

The Schuman Company v. James E. Nelson, James W. Nelson and Donald G. Nelson, D/B/A J. E. Nelson & Sons

Court of Appeals for the Third Circuit

Decided February 14, 1955No. 11450PublishedCited by 4 opinions

1Opinion of the Court

KALODNER, Circuit Judge.

Where the terms of shipment are “f. 0. b. acceptance final” is a buyer denied the right to reject such shipment for a breach of contract not relating to the quality or condition of the goods, in a reparations proceeding instituted by the seller before the United States Department of Agriculture (“Department”) under the Perishable Agricultural Commodities Act, 7 U.S.C.A. § 499f ? 1

That is the primary issue presented by this appeal from the judgment of the United States District Court for the Western District of Pennsylvania sustaining an award made by the Department.

The…

2Cases cited6 opinions

  1. LeRoy Dyal Co. v. AllenCourt of Appeals for the Fourth Circuit · 1947
  2. Rothenberg v. H. Rothstein & SonsCourt of Appeals for the Third Circuit · 1950
  3. Unique Watch Crystal Co., Inc. v. KotlerAppellate Court of Illinois · 1951
  4. L. Gillarde Co. v. Joseph Martinelli & Co.Court of Appeals for the First Circuit · 1948
  5. L. Gillarde Co. v. Joseph Martinelli & Co.Court of Appeals for the First Circuit · 1948

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State Dental Council & Examining Board v. PollockSupreme Court of Pennsylvania · 1974
  2. Powell v. HecklerCourt of Appeals for the Third Circuit · 1986
  3. Powell v. HecklerCourt of Appeals for the Third Circuit · 1986
  4. State Dental Council & Examining Board v. PollockSupreme Court of Pennsylvania · 1974

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API