Legal Opinion

Ed S. Michelson, Inc. v. Nebraska Tire & Rubber Co.

Court of Appeals for the Eighth Circuit

Decided February 25, 1933No. 9592PublishedCited by 28 opinions

1Opinion of the Court

GARDNER, Circuit Judge.

This is an action brought by the appellee as plaintiff against the appellant as defendant, to recover the sum of $40,000, the alleged value of certain tires deposited by plaintiff with defendant to insure the performance of a certain contract between them.

The answer put in issue the allegations of the petition, and pleaded certain counterclaims which in effect charge that the tires as manufactured by plaintiff did not comply with the specifications mentioned in the contract, in that they were short in weight, and by reason of the failure of the tires to comply with the…

2Cases cited33 opinions

  1. Gibbons v. United StatesSupreme Court of the United States · 1869
  2. Muller v. . EnoNew York Court of Appeals · 1856
  3. Cincinnati Siemens-Lungren Gas Illuminating Co. v. Western Siemens-Lungren Co.Supreme Court of the United States · 1894
  4. Guetzkow Bros. v. A. H. Andrews & Co.Wisconsin Supreme Court · 1896
  5. Parish v. United StatesSupreme Court of the United States · 1880

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3Cited by28 opinions

  1. John Reiner & Company, Individually and to the Use of Kurz & Root Company (Incorporated) v. The United StatesUnited States Court of Claims · 1963
  2. Elzig v. GudwangenCourt of Appeals for the Eighth Circuit · 1937
  3. Twentieth Century-Fox Film Corp. v. Brookside Theatre Corp.Court of Appeals for the Eighth Circuit · 1952
  4. United States v. Becktold Co.Court of Appeals for the Eighth Circuit · 1942
  5. Clark Oil Co. v. Phillips Petroleum Co.Court of Appeals for the Eighth Circuit · 1945

23 more not listed; retrieve them via the Exa API.

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