Legal Opinion

Whelan v. Griffith Consumers Company

District of Columbia Court of Appeals

Decided April 28, 1961No. 2720, 2721PublishedCited by 13 opinions

1Opinion of the Court

CAYTON, Acting Judge.

Appellant Vierling was the owner and appellant Whelan the lessee of a farmhouse in Colesville, Maryland. They sued Griffith Consumers for failure to deliver fuel oil, which failure they claimed resulted in the freezing of the heating plant and also in other damages. The trial court found for defendant and plaintiffs have brought this appeal.

On February 14, 1958, Whelan placed with Griffith an order for fuel oil to be delivered that day on an agreed C.O.D. basis. The driver, Donaldson, testified that upon arrival at the premises he found no one at home and left a note…

2Cases cited3 opinions

  1. Montauk Corp. v. SeedsCourt of Appeals of Maryland · 1958
  2. Murphy v. North American Co.District Court, S.D. New York · 1938
  3. Murphy v. North American Light & Power Co.Court of Appeals for the Second Circuit · 1939

3Cited by13 opinions

  1. Transatlantic Financing Corporation v. United StatesCourt of Appeals for the D.C. Circuit · 1966
  2. Duffy v. DuffyDistrict of Columbia Court of Appeals · 2005
  3. Bissell v. L. W. Edison Co.Michigan Court of Appeals · 1967
  4. Bergman v. ParkerDistrict of Columbia Court of Appeals · 1966
  5. East Capitol View Community Development Corp. v. RobinsonDistrict of Columbia Court of Appeals · 2008

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