Keator Lumber Co. v. Thompson
Supreme Court of the United States
ERROR TO THE OIROUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. The case was stated by the court as follows: Benjamin E. Thompson and Homer Root brought this action of assumpsit against the J. S. Keator Lumber Company for a balance alleged to be due them for cutting and hauling saw-logs, etc.
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ERROR TO THE OIROUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. The case was stated by the court as follows: Benjamin E. Thompson and Homer Root brought this action of assumpsit against the J. S. Keator Lumber Company for a balance alleged to be due them for cutting and hauling saw-logs, etc. The two main grounds of dispute were: (1) Whether the price for the work was limited by the contract in question to $3 per thousand feet of saw-logs cut and delivered into the boom limits of the Black River, Wisconsin, without extra charge, or whether the plaintiffs, in addition to…
1Opinion of the Court
Mr. Justice Harlan,
after stating the case, delivered the . opinion of the court.
The principal assignments of error have nothing of substance in them. When the plaintiffs agreed to admit upon the trial that the defendant’s absent witness would testify as stated in the affidavit filed for a continuance of the case, and the court thereupon ruled that the trial should proceed, attention was not called to the fact that replications had not been filed to the first and third pleas, and judgment was not asked upon those pleas for want of such replications. Nor did the defendant, before judgment, move…
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- Weinstein v. LaughlinCourt of Appeals for the Eighth Circuit · 1927
- Hancock v. HancockSupreme Court of Florida · 1937
- Asheville Const. Co. v. Southern Ry. Co.Court of Appeals for the Fourth Circuit · 1927
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