Coulter v. B. F. Thompson Lumber Co.
Court of Appeals for the Sixth Circuit
in Error to the Circuit Court of the United States for the Middle District of Tennessee. The plaintiff below brought this action to recover damages resulting from an alleged breach of a contract for the purchase of oak lumber to be delivered by the defendants at Clarksville, Tenn., witnessed by a letter from the defendant, the terms of which were duly accepted by the plaintiff, as follows: “Clarksville, Tenn., January 28, 1902. “Dear Sirs: We enter yotir order for the…
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in Error to the Circuit Court of the United States for the Middle District of Tennessee. The plaintiff below brought this action to recover damages resulting from an alleged breach of a contract for the purchase of oak lumber to be delivered by the defendants at Clarksville, Tenn., witnessed by a letter from the defendant, the terms of which were duly accepted by the plaintiff, as follows: “Clarksville, Tenn., January 28, 1902. “Dear Sirs: We enter yotir order for the following order: Three hundred to five hundred thousand feet (estimated) of quartered white oak. Should there be more on the…
1Opinion of the Court
SEVERENS, Circuit Judge,
having made the preceding statement delivered the opinion of the court.
No exceptions were taken upon the trial, either to rulings of the court in admitting or rejecting evidence, or to the instructions given to the jury. After the court’s instructions had been given, counsel for defendants moved the court to give the following additional instructions :
“(1) How much of the timber on the tract was quarter-saw stock is best shown by evidence of how much was actually sawed out by a competent sawyer. Such evidence, if made before you, should be accepted In preference to…
2Cases cited12 opinions
- Aetna Life Ins. Co. v. WardSupreme Court of the United States · 1891
- New York, Lake Erie & Western Railroad v. Winter's AdministratorSupreme Court of the United States · 1892
- Mt. Adams & E. P. Inclined Ry. Co. v. LoweryCourt of Appeals for the Sixth Circuit · 1896
- Zeller's Lessee v. EckertSupreme Court of the United States · 1846
- Travelers' Ins. Co. of Hartford v. RandolphCourt of Appeals for the Sixth Circuit · 1897
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3Cited by4 opinions
- Campfield v. SauerCourt of Appeals for the Sixth Circuit · 1911
- Jenkins & Reynolds Co. v. Alpena Portland Cement Co.Court of Appeals for the Sixth Circuit · 1906
- Arkansas Short Leaf Lumber Co. v. McInturfSupreme Court of Arkansas · 1918
- Plesofsky v. Kaufman & FlonackerTennessee Supreme Court · 1918