Legal Opinion

Bluegrass Canning Co. v. Steward

Court of Appeals for the Sixth Circuit

Decided December 14, 1909No. Nos. 1,956, 1,957PublishedCited by 8 opinions

In Error to the Circuit Court of the United States for the Western District of Kentucky. Action by the Bluegrass Canning Company and others against L. & J. A. Steward. Judgment for plaintiff, and both parties bring error.

1Opinion of the Court

LURTON, Circuit Judge.

This was an action for damages by the vendee for the breach of a contract for the sale of 750,000 Steward’s sanitary cans, suitable for packing tomatoes, and a counterclaim by the vendor. There was a judgment for plaintiff for part of its claim, less a part of the defendant’s counterclaim. Each party has sued out a writ of error.

On February 12, 1904, the Blue Grass Canning Company signed in duplicate a written order in these words:

“Columbus, O., February 12, 1904.
“L. & J. A. Steward, Rutland, Vt.
“Gentlemen: Please enter our order for seven hundred and fifty thousand…

2Cases cited5 opinions

  1. Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
  2. Huntington v. Toledo, St. L. & W. R.Court of Appeals for the Sixth Circuit · 1909
  3. Fleitas v. CockremSupreme Court of the United States · 1880
  4. Kreager v. JuddUnited States Circuit Court · 1880
  5. M'Daniel v. SappingtonCourt of Appeals of Kentucky · 1807

3Cited by8 opinions

  1. Meyer v. FlemingSupreme Court of the United States · 1946
  2. Paradise v. Vogtlandische Maschinen-FabrikCourt of Appeals for the Third Circuit · 1938
  3. Emerson v. A. E. Hotels, Inc.Supreme Judicial Court of Maine · 1979
  4. Erie R. v. KennedyCourt of Appeals for the Sixth Circuit · 1911
  5. Miami Cycle & Mfg. Co. v. National Carbon Co.Court of Appeals for the Sixth Circuit · 1920

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