Fairbanks, Morse & Co. v. Austin
Court of Appeals for the Ninth Circuit
In Error to the 'District Court of the United States for the Southern Division of the Eastern District of Washington; Frank H. Rud-kin, Judge. Action at law by Levi P. Austin and Jay R. Austin, partners as Austin Bros., and others, against Fairbanks, Morse & Co., a corporation. Judgment for plaintiffs, and defendant brings error.
1Opinion of the Court
GILBERT, Circuit Judge.
The defendants in error were engaged in stock raising and general farming, mainly the cultivation of alfalfa. They recovered a judgment for damages against the plaintiff in error for its breach of a contract made on September 25, 1919, whereby it *2agreed to furnish and deliver to them by December 1/ 1919, a certain oil engine pump, with accessories, to be used in irrigating their lands. The jury by a general verdict fixed the damages at $3,088, and by a special verdict apportioned $1,674 of the damages to loss of hay and $840 of the damages to permanent injury to crops.…
2Cases cited13 opinions
- Globe Refining Co. v. Landa Cotton Oil Co.Supreme Court of the United States · 1903
- Teller v. Bay and River Dredging Co.California Supreme Court · 1907
- Lillard v. Kentucky Distilleries & Warehouse Co.Court of Appeals for the Sixth Circuit · 1904
- Bixby-Theirson Lumber Co. v. EvansSupreme Court of Alabama · 1910
- McDonald v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1906
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3Cited by10 opinions
- Cohen v. Fair Lawn Dairies, Inc.New Jersey Superior Court Appellate Division · 1965
- In Re Polar Music International AbCourt of Appeals for the Federal Circuit · 1983
- Gulf States Creosoting Co. v. LovingCourt of Appeals for the Fourth Circuit · 1941
- Tanga v. TangaNew Jersey Superior Court Appellate Division · 1967
- Bree v. JalbertNew Jersey Superior Court Appellate Division · 1965
5 more not listed; retrieve them via the Exa API.