Wells v. National Life Ass'n of Hartford
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of tke United States for the Northern District of Texas. The petition in this case shows, substantially, that the defondant, the National Life Association of Hartford, on June 6, 1894, entered into a contract in writing with Adolph J. Miller, whereby it appointed him its manager for the state of Arkansas and a part of the state of Texas, designated in the contract.
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In Error to the Circuit Court of tke United States for the Northern District of Texas. The petition in this case shows, substantially, that the defondant, the National Life Association of Hartford, on June 6, 1894, entered into a contract in writing with Adolph J. Miller, whereby it appointed him its manager for the state of Arkansas and a part of the state of Texas, designated in the contract. This writing expressly provided that the contract then entered into might be sold, assigned, or transferred, with tlie written consent of the company, and not otherwise, and provided that the contract…
1Opinion of the CourtMcCORMICK, Circuit Judge
(after stating the facts as above). The rulings of the trial court, and the errors assigned thereon, present substantially two questions: (1) Can the plaintiff join in one action for damages for breach of the contract a claim for the loss of anticipated profits with the claim to recover his losses for actual outlay and expenditures? (2). Are the anticipated profits for the loss of which he claims damages in this case too remote to sustain an action? Conforming to the practice and pleadings in the state of Texas, the plaintiff’s case is presented by a petition setting up fully all the facts on…
2Cases cited7 opinions
- United States v. BehanSupreme Court of the United States · 1884
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Bagley v. . SmithNew York Court of Appeals · 1853
- Lewis v. Atlas Mutual Life InsuranceSupreme Court of Missouri · 1876
- Mueller v. Bethesda Mineral Spring Co.Michigan Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Grupe v. GlickCalifornia Supreme Court · 1945
- Manss-Owens Co. v. H. S. Owens & SonSupreme Court of Virginia · 1921
- Emerson v. Pacific Coast & Norway Packing Co.Supreme Court of Minnesota · 1905
- Morgan v. YoungCourt of Appeals of Texas · 1947
- Spencer Medicine Co. v. HallSupreme Court of Arkansas · 1906
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