W. & S. Job & Co. v. Heidritter Lumber Co.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action at law by W. & S. Job & Co., Incorporated, against the Heidritter Dumber Company. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
MANTON, Circuit Judge.
The defendant in error, owner of the Florence M. Belding, sold her to the plaintiff in error on March 4, 1916. The latter now sues, claiming the schooner was not sound or seaworthy or in good condition when sold, and seeks to recover $7,600, the difference between the purchase price and the price at which the plaintiff in error sold the boat subsequently, plus 5 per cent, brokerage commissions, because, as it says,- the schooner was not as warranted.
At the trial, both parties moved for judgment after the proof was submitted. The District Judge, however, submitted…
2Cases cited4 opinions
- Barnard v. KelloggSupreme Court of the United States · 1871
- Smith v. . TracyNew York Court of Appeals · 1867
- Sanford & Brooks Co. v. Columbia Dredging Co.Court of Appeals for the Fourth Circuit · 1910
- Crist v. TurnerAppellate Division of the Supreme Court of the State of New York · 1916
3Cited by10 opinions
- K/F Dev. & Inv. Corp. v. Williamson Crane & Dozer Corp.District Court of Appeal of Florida · 1979
- Afton M. Coon v. Charles W. Bliven & Company, Inc.Court of Appeals for the Fifth Circuit · 1976
- C. D. Brown Co., Inc. v. Stand. H. Co.Supreme Court of Pennsylvania · 1930
- Fossum v. Timber Structures, Inc.Washington Supreme Court · 1959
- The MarsodakCourt of Appeals for the Fourth Circuit · 1938
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