Legal Opinion

Oil City Iron Works v. S. Bender Supply Co.

Supreme Court of Louisiana

Decided May 31, 1920No. 22668PublishedCited by 4 opinions

Appeal from First Judicial District Court, Parish of Caddo; T. F. Bell, Judge. Action by the Oil City Iron Works against the S. Bender Supply Company. From judgment for plaintiff, defendant appeals.

1Opinion of the CourtDawkins, J.

Plaintiff and defendant executed two agreements, the first a memorandum, signed by defendant alone, to wit:

“Sold to S. Bender, 2,000 ft. pipe, $1,600. $850 cash. 75 tons scrap iron to be delivered to shop.
“Accepted. S. Bender.
“Nov. 2, 1916”

—and the second, a sale and confirmation of the first, reading as follows:

*451“Shreveport, La., Nov. 2, 1916.
“Sold to S. Bender Supply Co., City, 2,000 ft. second casing (6-inch), $1,600.00. We are to take 75 tons first grade heavy machinery scrap at ten dollars per ton, as part payment. Balance in cash amounting to $850.00 to be paid within 10 days from this…

2Cases cited4 opinions

  1. Seaton v. Second MunicipalitySupreme Court of Louisiana · 1848
  2. H. L. Fox & Co. v. JonesSupreme Court of Louisiana · 1887
  3. McCord v. West Feliciana RailroadSupreme Court of Louisiana · 1848
  4. Succession of McKinneySupreme Court of Louisiana · 1849

3Cited by4 opinions

  1. Interstate Electric Co. v. Frank Adam Electric Co.Supreme Court of Louisiana · 1931
  2. Mente & Co. v. Louisiana State Rice Milling Co.Supreme Court of Louisiana · 1933
  3. Kohlman v. Witherell & Dobbins Co.Supreme Court of Louisiana · 1924
  4. Marine Electrical Works, Inc. v. Interstate Electric Co.Louisiana Court of Appeal · 1935

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