Legal Opinion
James B. Berry's Sons Co. of Illinois v. Monark Gasoline & Oil Co.
Court of Appeals for the Eighth Circuit
Decided March 21, 1929No. 8250PublishedCited by 13 opinions
1Opinion of the Court
McDERMOTT, District Judge.
In a suit upon a written contract for the sale of 75 tank ears of gasoline, the trial court directed a verdict for the defendant (the buyer) at the close of the opening statements for both sides, receiving, as a part of such statements, the contract sued on. Under such circumstances, our inquiry is directed to the question of whether the petition stated a cause of action, and whether any statement of counsel affirmatively precludes recovery, all inferences being drawn in support of the petition and plaintiff’s statement. Klink v. C. R. I. & P. Ry. Co., 219 F. 457,…
2Cases cited9 opinions
- Stewart v. Griffith Ex Rel. BallSupreme Court of the United States · 1910
- Moore v. Security Trust & Life Ins.Court of Appeals for the Eighth Circuit · 1909
- Imperial Refining Co. v. Kanotex Refining Co.Court of Appeals for the Eighth Circuit · 1928
- Peck v. Stafford Flour Mills Co.Court of Appeals for the Eighth Circuit · 1923
- Electric Management & Engineering Corp. v. United Power & Light Corp.Court of Appeals for the Eighth Circuit · 1927
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Park Irmat Drug Corp. v. Express Scripts Holding Co.Court of Appeals for the Eighth Circuit · 2018
- Pittsburgh-Des Moines Steel Co., Plaintiff-Counter-Defendant-Appellant v. Brookhaven Manor Water Co., Defendant-Counter-Plaintiff-AppelleeCourt of Appeals for the Seventh Circuit · 1976
- Matter of UL Radio Corp.United States Bankruptcy Court, S.D. New York · 1982
- In the Matter of Commodity Merchants, Inc., Bankrupt. Harper C. Allan, as Trustee in Bankruptcy v. Archer-Daniels-Midland Co.Court of Appeals for the Seventh Circuit · 1976
- Laclede Gas Company, Doing Business as Midwest Missouri Gas Company v. Amoco Oil CompanyCourt of Appeals for the Eighth Circuit · 1975
8 more not listed; retrieve them via the Exa API.