Horner v. Daily
Indiana Court of Appeals
From Daviess Circuit Court; James W. Ogdon, Judge. Action by George Daily against Zed D. Horner and Fred G. Horner, partners doing business under the name of the Horner Elevator and Mill Company, and another. From a judgment for plaintiff, the defendants appeal.
1Opinion of the CourtNichols, J.
This is an action originally brought by appellee against Horner Elevator and Mill Company and by amended complaint against appellants to recover damages sustained by appellee by reason of the failure on the part of appellants Horner and Horner to accept and pay for a carload of wheat sold by appellee to them, on July 16, 1920, which sale was evidenced by the following memorandum, omitting formal parts:
“July 16, 1920.
“We are pleased to confirm purchase from you of one car No. 2 red wheat at $2.82 per bu. f. o. b. your track, for shipment today, destination weights and grades to govern.
“Kindly…
2Cases cited9 opinions
- Caulkins v. . HellmanNew York Court of Appeals · 1872
- L. L.F. Ins. Co. v. . R., W. O.R.R. Co.New York Court of Appeals · 1894
- State v. CarsonSupreme Court of Iowa · 1910
- Clark v. Lindsay & Co.Montana Supreme Court · 1896
- Henline v. HallIndiana Supreme Court · 1853
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3Cited by6 opinions
- Paul Klopstock & Co. v. United Fruit Co.Supreme Court of Louisiana · 1930
- Foster v. United Home Improvement Co.Indiana Court of Appeals · 1981
- J. I. Case Threshing Mach. Co. v. Buick Motor Co.Court of Appeals for the Eighth Circuit · 1930
- North v. NewlinIndiana Court of Appeals · 1981
- Indianapolis Railways, Inc. v. City of IndianapolisIndiana Supreme Court · 1951
1 more not listed; retrieve them via the Exa API.