Kutztown Foundry & Machine Co. v. Sloss-Sheffield Steel & Iron Co.
Court of Appeals for the Third Circuit
In Error to the District Court óf the United States for the Eastern District of Pennsylvania; J. Whitaker Thompson, Judge. Action at law by the Sloss-Sheffield Steel & Iron Company against the Kutztown Foundry & Machine Company. Judgment for plaintiff 2nd defendant brings error.
1Opinion of the Court
DAVIS, Circuit Judge.
The Kutztown Foundry & Machine Company, defendant below, is here seeking to reverse a judgment entered i gainst it for breach of a contract, executed October 1, 1918, wherein plaintiff agreed to sell'and defendant to purchase 1,200 tons of pig iron at $37 per ton, to be delivered 200 tons a month for the first six months of 1919 at the furnaces at Birmingham or Sheffield, Ala. Each month’s deliveries were to be “treated as a separate contract, independ(nt of deliveries for other months.” The contract further provided that — ■
“In ease of any default whatsoever of the…
2Cases cited9 opinions
- Goddard v. FosterSupreme Court of the United States · 1873
- Samulski v. Menasha Paper Co.Wisconsin Supreme Court · 1911
- Board of Com'rs v. Keene Five-Cents Sav. BankCourt of Appeals for the Eighth Circuit · 1901
- Foster v. Berg & Co.Supreme Court of Pennsylvania · 1883
- Sea Ins. Co. of Liverpool, England, Ltd. v. JohnstonCourt of Appeals for the Fifth Circuit · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Texas Co. v. Brilliant Mfg. Co.Court of Appeals for the Third Circuit · 1924
- Continental Grain Co. v. Simpson Feed Co.District Court, E.D. Arkansas · 1951
- S. H. Kress & Co. v. FisherCourt of Appeals for the Fourth Circuit · 1933
- Casey v. United StatesCourt of Appeals for the Third Circuit · 1925
- Petoskey Portland Cement Co. v. E. V. Benjamin Co.Court of Appeals for the Sixth Circuit · 1924
4 more not listed; retrieve them via the Exa API.