Legal Opinion
W. N. Clark Co. v. Banner Packing Co.
Ohio Court of Appeals
Decided December 15, 1919PublishedCited by 4 opinions
Error: Court of Appeals for Warren county.
1Opinion of the CourtSiiohl, P. J.
In December, 1915, plaintiff in error, which was also the plaintiff below, entered into a contract on the printed form furnished by defendant, whereby it agreed to purchase, and The Banner Packing Company agreed to deliver, 5,000 cases of canned corn at 60 cents per dozen, f. o. b. factory. Shipment was to be made as soon as packed and ready for delivery, terms *881 Yzjo off cash in ten days. “In case of the destruction of the Canning Factory, seller is not liable for non-deliver}*-.”
In 1916, when part of the corn had been shipped, the contract was modified by the parties by an agreement that the…
2Cases cited4 opinions
- Wooters v. International & G. N. R. R. Co.Texas Supreme Court · 1881
- Title Guaranty & Surety Co. v. NicholsSupreme Court of the United States · 1912
- Root v. ChildsSupreme Court of Minnesota · 1897
- Smokeless Fuel Co. v. Seaton & SonsSupreme Court of Virginia · 1906
3Cited by4 opinions
- Takahashi v. Pepper Tank & Contracting Co.Wyoming Supreme Court · 1942
- Maurer v. ChandlerOhio Court of Appeals · 1954
- Ray Marshall v. Local Union No. 639Court of Appeals for the D.C. Circuit · 1979
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