Polson Logging Co. v. Neumeyer
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Southern Division of the Western District of Washington; Edward E. Cushman, Judge. Action by Gustave H. Neumeyer and another, copartners doing business as Neumeyer & Dimond, against the Poison Logging Company. Judgment for plaintiffs for $3,895.39, the amount sued for, and defendant brings error.
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In Error to the District Court of the United States for the Southern Division of the Western District of Washington; Edward E. Cushman, Judge. Action by Gustave H. Neumeyer and another, copartners doing business as Neumeyer & Dimond, against the Poison Logging Company. Judgment for plaintiffs for $3,895.39, the amount sued for, and defendant brings error. This action was brought to recover the alleged agreed value of certain bars of steel alleged to have been ordered in writing by the defendant to the action (plaintiff in error here), from the plaintiffs (defendants in error), the delivery to…
1Opinion of the CourtRoss, Circuit Judge
(after stating the facts as above). [1,2] Whether tested by the strict rules of the common law, or the rule contended for by the defendants in error, requiring only a substantial compliance with the terms of the contract by the seller, we should have no difficulty in bolding that such a departure in the matter of the length of the bars and such excess in weight of the steel, resulting in an additional cost over the contract price to the purchaser of more than $300, is not sanctioned by either of the rules referred to, and would have justified the latter in refusing to accept the shipment in…
2Cases cited15 opinions
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Duffy v. . O'DonovanNew York Court of Appeals · 1871
- Oakland Sugar Mill Co. v. Fred W. Wolf Co.Court of Appeals for the Sixth Circuit · 1902
- Zeimantz v. BlakeWashington Supreme Court · 1905
- Winter v. . CoitNew York Court of Appeals · 1852
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Luckenbach S. S. Co. v. W. R. Grace & Co.Court of Appeals for the Fourth Circuit · 1920
- G. Amsinck & Co. v. Springfield Grocer Co.Court of Appeals for the Eighth Circuit · 1925
- Continental Nat. Bank v. National City Bank of New YorkCourt of Appeals for the Ninth Circuit · 1934
- Second Nat. Bank of Allegheny v. Lash Corp.Court of Appeals for the Third Circuit · 1924
- Griffin Grocery Co. v. RichardsonCourt of Appeals for the Eighth Circuit · 1926
6 more not listed; retrieve them via the Exa API.