International Agricultural Corp. v. Stadler
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; William R. Day, Judge. Action by the International Agricultural Corporation against August W. Stadler. Judgment for defendant, and plaintiff brings error.
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In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; William R. Day, Judge. Action by the International Agricultural Corporation against August W. Stadler. Judgment for defendant, and plaintiff brings error. The plaintiff in error, whom we will call the plaintiff or the buyer, brought a suit at law, in the court below, against the defendant in error, hereafter called the defendant or the seller, to recover damages under the sale contract. Upon the statement of the case by plaintiff’s counsel to the jury, the court directed a verdict…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1-3] 1. This contract was not the ordinary contract of warranty, a breach of which in some jurisdictions does, and in other jurisdictions does-1 not, require prompt notice from the purchaser in order to preserve his right of complaint. It is true the contract incidentally refers to its “guaranty,” but the contract was informally drawn by brokers, and its true character cannot be determined by the casual use of a term; indeed “guaranty” is not always synonymous with “warranty,” nor is-it inapt in this situation. We think the contract plainly contemplates…
2Cases cited5 opinions
- Kentucky Life & Acc. Ins. v. HamiltonCourt of Appeals for the Sixth Circuit · 1894
- Paine v. Central Vermont RailroadSupreme Court of the United States · 1886
- Druse v. WheelerMichigan Supreme Court · 1872
- Long-Bell Lumber Co. v. StumpCourt of Appeals for the Eighth Circuit · 1898
- Earnshaw v. United StatesSupreme Court of the United States · 1892
3Cited by7 opinions
- Marmet Coal Co. v. People's Coal Co.Court of Appeals for the Sixth Circuit · 1915
- Murray v. Third Nat. Bank of St. LouisCourt of Appeals for the Sixth Circuit · 1916
- Fellows v. National Can Co.Court of Appeals for the Sixth Circuit · 1919
- Kentucky Coal Lands Co. v. Mineral Development Co.Court of Appeals for the Sixth Circuit · 1914
- Gill v. Hale & Kilburn Co.Court of Appeals for the Sixth Circuit · 1919
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