Arkansas Short Leaf Lumber Co. v. Hemler
Court of Appeals for the Eighth Circuit
In Error to the District Court o£ the United States for the Eastern District of Arkansas; Jacob Trieber, Judge. Action by John V. Hemler, trading as the Hemler Bros. Land & Lumber Company, against the Arkansas Short Leaf Lumber Company. Judgment for plaintiff, and defendant brings error.
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In Error to the District Court o£ the United States for the Eastern District of Arkansas; Jacob Trieber, Judge. Action by John V. Hemler, trading as the Hemler Bros. Land & Lumber Company, against the Arkansas Short Leaf Lumber Company. Judgment for plaintiff, and defendant brings error. Instruction No. 3, requested by defendant, told the jury that, even though defendant refused to accept logs tendered by plaintiff, unless such refusal was accompanied by a declaration that defendant did not intend to accept any other timber which plaintiff might thereafter, tender, or acts amounting to such a…
1Opinion of the Court
CARLAND, Circuit Judge.
The parties for convenience will be designated as, they were in the trial court. Erom a judgment in favor of plaintiff in a suit to recover damages for the alleged breach by defendant of a contract whereby plaintiff agreed to sell and defendant agreed to buy 500,000 feet of No. 1 and 2 white oak, red oak, and ash logs within 30 days from date of contract, defendant brings error.
[1] The assignments of error specified and argued in the brief of counsel for defendant will alone be considered; other assignments in the record being deemed abandoned.
[2, 3] It is first claimed…
2Cases cited13 opinions
- New York, Lake Erie & Western Railroad v. Winter's AdministratorSupreme Court of the United States · 1892
- Lincoln v. PowerSupreme Court of the United States · 1894
- Southern Railway-Carolina Division v. BennettSupreme Court of the United States · 1914
- Herencia v. GuzmanSupreme Court of the United States · 1911
- Phoenix Railway Co. v. LandisSupreme Court of the United States · 1913
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3Cited by4 opinions
- Atlantic City Tire & Rubber Corp. v. Southwark Foundry & MacHine Co.Supreme Court of Pennsylvania · 1927
- Garcia & Maggini Co. v. Washington Dehydrated Food Co.Court of Appeals for the Ninth Circuit · 1924
- Interstate Stage Lines Co. v. AyersCourt of Appeals for the Eighth Circuit · 1930
- Atlantic City Tire & Rubber Corp. v. Southwark Foundry & MacHine Co.Supreme Court of Pennsylvania · 1927