Herbrand Co. v. Lackawanna Steel Co.
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Northern District of Ohio; John M. Killits, Judge. Action by the Rackawanna Steel Company against tire Herbrand Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
KNAPPEN, Circuit Judge.
Plaintiff sued defendant for the price of a large quantity of steel bars sold to defendant in the year 1919. Defendant admitted liability therefor, but counterclaimed for alleged damages for an asserted breach of implied warranty of fitness of a large amount of steel bars purchased by defendant from plaintiff in the previous year (October 10, 1917) for use in the manufacture of-elbow joints for Liberty motors. The damages claimed consisted of the difference between the invoice value of the defective steel and its scrap value ($4,605.15), together with expenses incurred…
2Cases cited13 opinions
- Park v. Richardson & Boynton Co.Wisconsin Supreme Court · 1892
- Marmet Coal Co. v. People's Coal Co.Court of Appeals for the Sixth Circuit · 1915
- Gilmore v. WilliamsMassachusetts Supreme Judicial Court · 1894
- Taylor v. ColeMassachusetts Supreme Judicial Court · 1873
- Dodsworth v. Hercules Iron WorksCourt of Appeals for the Sixth Circuit · 1895
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3Cited by15 opinions
- Wildman Mfg. Co. v. Davenport Hosiery MillsTennessee Supreme Court · 1922
- American Elastics, Inc. v. United StatesCourt of Appeals for the Second Circuit · 1951
- Durbin v. DenhamOregon Supreme Court · 1922
- Morris & Co. v. Power Mfg. Co.Court of Appeals for the Sixth Circuit · 1927
- Hutchinson v. RennerOhio Court of Appeals · 1928
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