McDonough v. Evans Marble Co.
Court of Appeals for the Sixth Circuit
In Eiror to the Circuit Court of the United States for the Southern District of Ohio. The defendant in error (plaintiff below, hereinafter referred to as p1ahitiff~, through a correspondence by telegraph dispatches and letters, agreed to furnish 23,000 feet of Italian marble tiling to the plaintiff in error (defendant below, hereinafter called defendaut~ for 33 cents a foot.
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In Eiror to the Circuit Court of the United States for the Southern District of Ohio. The defendant in error (plaintiff below, hereinafter referred to as p1ahitiff~, through a correspondence by telegraph dispatches and letters, agreed to furnish 23,000 feet of Italian marble tiling to the plaintiff in error (defendant below, hereinafter called defendaut~ for 33 cents a foot. This tiling was needed by the defendant for the fulfillment of ,a contract he had with the -county commissioners of Washington cr,unty, Pa., to furnish and lay this tile ancl perform other marble work in a court house in…
1Opinion of the Court
WANTY, District Judge,
after making the foregoing statement,, 'delivered the opinion of the court. The defendant’s assignments of error all refer to the exclusion of the defendant’s second defense from the• pleadings and from the consideration of the jury; the refusal of the .court below to strike out the allegations relating to waiver of delivery in 30 days, and readiness to perform on the part of the plaintiff; the exclusion of testimony tending to show a well-known and universal' custom that, in the absence of an express agreement to the contrary, payments in this class of contracts shall…
2Cases cited3 opinions
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Saunders v. ShortCourt of Appeals for the Ninth Circuit · 1898
- Nonotuck Silk Co. v. FairMassachusetts Supreme Judicial Court · 1873
3Cited by9 opinions
- Michigan Yacht & Power Co. v. BuschCourt of Appeals for the Sixth Circuit · 1906
- Mente v. De Witt Rice Mill Co.Court of Appeals for the Eighth Circuit · 1918
- Peacock v. United StatesCourt of Appeals for the Ninth Circuit · 1903
- United States ex rel. Hudson River Stone Supply Co. v. MolloyCourt of Appeals for the Second Circuit · 1906
- Huber v. Blackwell Lumber Co.Idaho Supreme Court · 1915
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