Legal Opinion

Higgins v. California Prune & Apricot Growers, Inc.

Court of Appeals for the Second Circuit

Decided December 13, 1926No. 103PublishedCited by 13 opinions

1Opinion of the Court

MANTON, Circuit Judge.

On August 12, 1920, the plaintiffs in error purchased, by written contract, from defendant in error, 34 carloads of dried prunes. The contract called for the delivery in the fall of 1920, and the price was fixed, “firm at seller’s opening price, said price guaranteed against seller’s own decline until January 1, 1921. ” The price was definitely fixed on August 11th, and notice thereof was received by the buyer before the execution of the contract on August 12th. One carload was delivered, accepted, and paid for. This action is for the contract price of the 33 carloads,…

2Cases cited15 opinions

  1. A. B. Small Co. v. Lamborn & Co.Supreme Court of the United States · 1925
  2. Dingley v. OlerSupreme Court of the United States · 1886
  3. Luckenbach S. S. Co. v. W. R. Grace & Co.Court of Appeals for the Fourth Circuit · 1920
  4. Standard Casing Co. v. . California Casing Co.New York Court of Appeals · 1922
  5. Hind v. Oriental Products Co., Inc.California Supreme Court · 1925

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3Cited by13 opinions

  1. Rabouin v. National Labor Relations BoardCourt of Appeals for the Second Circuit · 1952
  2. Wm. H. Wise & Co. v. Rand McNally & CompanyDistrict Court, S.D. New York · 1961
  3. Best Payphones, Inc. v. Manhattan Telecommunications Corp.District Court, S.D. New York · 2010
  4. Akron Brick & Block Co. v. Moniz Engineering Co., Inc.Massachusetts Supreme Judicial Court · 1974
  5. Sinclair Refining Co. v. Wilson Gas & Oil Co.District Court, D. South Carolina · 1931

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