Loudenback Fertilizer Co. v. Tennessee Phosphate Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Middle District of Tennessee. This is an action to recover damages for a breach of a contract. The plaintiff in error, hereafter styled the “plaintiff,” is an Ohio corporation, engaged in making fertilizers at its factory in Ohio. The defendant in error, hereafter referred to as the “defendant,” is a Tennessee corporation, engaged in mining phosphate rock at Attilla, Tenn.
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In Error to the Circuit Court of the United States for the Middle District of Tennessee. This is an action to recover damages for a breach of a contract. The plaintiff in error, hereafter styled the “plaintiff,” is an Ohio corporation, engaged in making fertilizers at its factory in Ohio. The defendant in error, hereafter referred to as the “defendant,” is a Tennessee corporation, engaged in mining phosphate rock at Attilla, Tenn. The plaintiff and defendant entered into a written contract, by which the defendant agreed to sell to the plaintiff its entire “consumption of phosphate rock” for a…
1Opinion of the CourtLurton, Circuit Judge
The only consideration upon which this contract rests is the mutual obligation to perform. It is not an agreement for the sale and purchase of a definite quantity of phosphate rock. But that is not fatal. If the agreement had been to supply to the plaintiff 1,500 tons of rock each year, no one would question the definiteness of the agreement. That amount was the estimated annual consumption of such rock by the plaintiff under ordinary conditions. But in a particular year it might be more or it might be less than this estimated average consumption. Now, in this situation the seller, in effect,…
2Cases cited19 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Brawley v. United StatesSupreme Court of the United States · 1878
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Cleveland Rolling Mill v. RhodesSupreme Court of the United States · 1887
- Filley v. PopeSupreme Court of the United States · 1885
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3Cited by52 opinions
- Story v. City of BozemanMontana Supreme Court · 1990
- Empire Gas Corporation v. American Bakeries CompanyCourt of Appeals for the Seventh Circuit · 1988
- Scherer Construction, LLC v. Hedquist Construction, Inc.Wyoming Supreme Court · 2001
- Licocci v. Cardinal Associates, Inc.Indiana Court of Appeals · 1986
- Structural Polymer Group, Ltd. v. Zoltek Corp.Court of Appeals for the Eighth Circuit · 2008
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