Legal Opinion

L. Bucki & Son Lumber Co. v. Atlantic Lumber Co.

Court of Appeals for the Fifth Circuit

Decided May 28, 1901PublishedCited by 6 opinions

In Error to the Circuit Court of the United. States for the Southern District of Florida. ' The case may he shortly stated as follows: On the 28th of June, 1892, the Ambler Lumber Company, party of the first part, and Charles Lord Buck!, party of the second part, entered into a contract, in which the stipulations material to the present caso are as follows: “The said parties, each in consideration of the-things herein agreed to he done and observed by the other, agree as…

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In Error to the Circuit Court of the United. States for the Southern District of Florida. ' The case may he shortly stated as follows: On the 28th of June, 1892, the Ambler Lumber Company, party of the first part, and Charles Lord Buck!, party of the second part, entered into a contract, in which the stipulations material to the present caso are as follows: “The said parties, each in consideration of the-things herein agreed to he done and observed by the other, agree as follows: (1) The party of the first part to deliver to said party of the second part, and he to receive from it, at his log…

1Opinion of the Court

PARDEE, Circuit Judge,

after stating tbe facts as above, delivered tbe opinion of tbe court.

Tbe case shows that on October 1,1897, when tbe Atlantic Lumber Company declared tbe contract ended by tbe defaults of tbe L. Bucki & Son Lumber Company, and sued for general damages for tbe breach thereof, and to. recover tbe several amounts due for logs delivered prior to that date, tbe L. Bucki & Son Lumber Company-had counterclaims against the Atlantic Lumber Company for breach of tbe guaranty that the logs delivered should average not more than 3-| logs to tbe 1,000 feet, board measure, during each…

2Cases cited5 opinions

  1. Norrington v. WrightSupreme Court of the United States · 1885
  2. Baird v. United StatesSupreme Court of the United States · 1878
  3. Cherry Valley Iron Works v. Florence Iron River Co.Court of Appeals for the Sixth Circuit · 1894
  4. Stokes v. BaarsSupreme Court of Florida · 1882
  5. Clark v. Wheeling Steel WorksCourt of Appeals for the Third Circuit · 1893

3Cited by6 opinions

  1. Cuneo Importing Co. v. American Importing & Transportation Co.District Court, S.D. New York · 1916
  2. Young v. Baker, Fentress & Co.Court of Appeals for the Seventh Circuit · 1934
  3. Land v. Ferro-Concrete Const. Co.District Court, W.D. Kentucky · 1915
  4. White v. MileyWashington Supreme Court · 1926
  5. Newport News Shipbuilding & Dry Dock Co. v. United StatesUnited States Court of Claims · 1934

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