Legal Opinion

Kutztown Foundry & Machine Co. v. Sloss-Sheffield Steel & Iron Co.

Court of Appeals for the Third Circuit

Decided March 4, 1922No. 2691PublishedCited by 9 opinions

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

  1. Goddard v. FosterSupreme Court of the United States · 1873
  2. Samulski v. Menasha Paper Co.Wisconsin Supreme Court · 1911
  3. Board of Com'rs v. Keene Five-Cents Sav. BankCourt of Appeals for the Eighth Circuit · 1901
  4. Foster v. Berg & Co.Supreme Court of Pennsylvania · 1883
  5. 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

  1. Texas Co. v. Brilliant Mfg. Co.Court of Appeals for the Third Circuit · 1924
  2. Continental Grain Co. v. Simpson Feed Co.District Court, E.D. Arkansas · 1951
  3. S. H. Kress & Co. v. FisherCourt of Appeals for the Fourth Circuit · 1933
  4. Casey v. United StatesCourt of Appeals for the Third Circuit · 1925
  5. 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.

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