Legal Opinion

Upson Nut Co. v. American Shipbuilding Co.

District Court, N.D. Ohio

Decided July 12, 1918No. 9327PublishedCited by 7 opinions

At Law. Action by the Upson Nut Company against the American Shipbuilding Company, wherein defendant filed cross-petition.

1Opinion of the Court

WESTENHAVER, District Judge.

This action was begun in the state court and removed here because of diversity of citizenship. Plaintiff’s petition herein alleges in a first cause of action that on or about October 12, 1915, it entered into a contract in writing with defendant whereby it agreed to buy and the defendant agreed to sell 4,200 gross tons steel scrap, to be shipped at a rate not exceeding four cars a day, from-the accumulation defendant then had on hand at its Cleveland yard; and in a second cause of action it alleges a similar contract of the same date for 4,000 gross tons steel…

2Cases cited4 opinions

  1. Brawley v. United StatesSupreme Court of the United States · 1878
  2. Griswold v. HazardSupreme Court of the United States · 1891
  3. Inman Bros. v. Dudley & Daniels Lumber Co.Court of Appeals for the Sixth Circuit · 1906
  4. Biser v. BauerCourt of Appeals for the Sixth Circuit · 1913

3Cited by7 opinions

  1. City of Lawrenceburg v. Maryland Casualty Co.Court of Appeals of Tennessee · 1933
  2. Newport News Shipbuilding & Dry Dock Co. v. IsherwoodCourt of Appeals for the Fourth Circuit · 1925
  3. Pennsylvania R. v. HammondCourt of Appeals for the Second Circuit · 1925
  4. Tokio Marine & Fire Ins. v. National Union Fire Ins.District Court, S.D. New York · 1937
  5. Schneider v. SwarteleAppellate Division of the Supreme Court of the State of New York · 1933

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