South Memphis Land Co. v. McLean Hardwood Lumber Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Western District of Tennessee. Action by the McLean Hardwood Lumber Company against the South Memphis Land Company. Judgment for plaintiff, and defendant brings error. The defendant in error brought this suit for the recovery of damages by reason of the failure of the plaintiff in error to perform its agreement to furnish certain switching facilities.
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In Error to the Circuit Court of the United States for the Western District of Tennessee. Action by the McLean Hardwood Lumber Company against the South Memphis Land Company. Judgment for plaintiff, and defendant brings error. The defendant in error brought this suit for the recovery of damages by reason of the failure of the plaintiff in error to perform its agreement to furnish certain switching facilities. Upon a jury trial plaintiff recovered verdict and judgment for $15,000. There were motions for new trial and in arrest of judgment, both of which were overruled. The facts are these:…
1Opinion of the CourtKnappen, Circuit Judge
(after stating the facts as above). The question which first demands attention relates to the construction of the guaranty on which the suit is brought. Defendant contends that its guaranty was only that the Union Railway Company should construct a spur track from plaintiff’s mill to a track on Railroad avenue, which the parties then contemplated the railway company would construct; that defendant’s undertaking did not extend tó a guaranty that the spur track should connect with any track in Railroad avenue; or, in still other words, that the guaranty was conditioned upon the railway company…
2Cases cited21 opinions
- Globe Refining Co. v. Landa Cotton Oil Co.Supreme Court of the United States · 1903
- Dermott v. JonesSupreme Court of the United States · 1865
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Texas & Pacific Railway Co. v. MarshallSupreme Court of the United States · 1890
- Montana Railway Co. v. WarrenSupreme Court of the United States · 1890
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3Cited by17 opinions
- Coughlin v. BlairCalifornia Supreme Court · 1953
- Muroff v. DillDistrict Court of Appeal of Florida · 1980
- Chesapeake & O. R. v. McKellCourt of Appeals for the Sixth Circuit · 1913
- Wichita Falls Electric Co. v. HueyCourt of Appeals of Texas · 1922
- Operators' Oil Co. v. BarbreCourt of Appeals for the Tenth Circuit · 1933
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