English v. Spokane Com. Co.
Court of Appeals for the Ninth Circuit
In Emir to ilie Circuit Court of the United States for the Eastern Division of the District of Washington. At Law. Action by Paul A. English and Arthur F. English, copartners, against the Spokane Commission Company, for payments alleged to he due upon a contract of sale. Defendant alleged a breach, of warranty, and set up a counterclaim. Judgment was given for plaintiffs, but a motion for a new trial was granted, (48 Fed.
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In Emir to ilie Circuit Court of the United States for the Eastern Division of the District of Washington. At Law. Action by Paul A. English and Arthur F. English, copartners, against the Spokane Commission Company, for payments alleged to he due upon a contract of sale. Defendant alleged a breach, of warranty, and set up a counterclaim. Judgment was given for plaintiffs, but a motion for a new trial was granted, (48 Fed. Rep. 196,) and judgment thereafter given for defendant. Plaintiffs bring error.
1Opinion of the Court
HAWLEY, District Judge.
The plaintiffs in error brought this action to recover of and from the defendant in error the sum of (1) $2,180.20 for goods, wares, and merchandise sold and delivered to defendant, consisting of potatoes and cheese; (2) $121.49 expenses incurred in preparing the cars in which the potatoes and cheese were shipped; (3) $6.80 advanced for defendant; making a total of $2,308.49.
The defendant admits the correctness of these amounts, and pleads as a counterclaim 'thereto (1) damages in the sum of $995.25 for breach of contract in delivering a car load of strictly fresh eggs…
2Cases cited12 opinions
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- Messmore v. New York Shot & Lead Co.New York Court of Appeals · 1869
- Lewis v. W. D. Rountree & Co.Supreme Court of North Carolina · 1878
- Polhemus v. HeimanCalifornia Supreme Court · 1873
- Babcock v. TriceIllinois Supreme Court · 1857
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3Cited by18 opinions
- Germain Fruit Co. v. J. K. Armsby Co.California Supreme Court · 1908
- Accumulator Co. v. Dubuque St. Ry. Co.Court of Appeals for the Eighth Circuit · 1894
- Grisinger v. HubbardIdaho Supreme Court · 1912
- Northwestern Cordage Co. v. RiceNorth Dakota Supreme Court · 1896
- Hercules Powder Co. v. RichCourt of Appeals for the Eighth Circuit · 1924
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