Legal Opinion · Dissent

Texas Co. v. Pensacola Maritime Corp.

Court of Appeals for the Fifth Circuit

Decided July 11, 1923No. 4001Published

1DissentBryan, Circuit Judge

I concur in the majority opinion prepared by Judge KING, except upon the question of' the' measure of damages for future profits. The first trial of this case resulted in a verdict, rendered in accordance with the charge of the District Court, for an amount which represented the difference between the contract price and the market price. On- writ of error this court held that the contract bound the defendant to furnish only such quantities of oil as the plaintiff should sell as fuel for delivery to ships in the port of Pensacola, and—

“that the number of barrels of oil to be computed was such…

2Cases cited14 opinions

  1. Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
  2. Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
  3. Anvil Mining Co. v. HumbleSupreme Court of the United States · 1894
  4. Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
  5. Pierce v. Tennessee Coal, Iron & RailroadSupreme Court of the United States · 1899

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