McNeer, Talbott & Johnson v. C. & O. Ry. Co.
West Virginia Supreme Court
Error to Circuit Court, Monroe County. Action by McNeer, Talbott & Johnson, partners, etc., against the Chesapeake & Ohio Railway Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
Poffenrarger, Judge:
This judgment for $250.00, as for damages for breach of a contract to furnish cars on a particular date for the shipment of lambs, rendered upon a demurrer to .the evidence, is assailed upon several grounds, chief of which are failure of the plaintiffs to tender the lambs for shipment on or before the day fixed therefor by the alleged contract, failure of proof of a special contract, lack of authority in the agent of the defendant, to enter into such contract, and illegality of the contract, if made with authority from the defendant.
Contemplating the shipment from Fort…
2Cases cited17 opinions
- Barlow v. . ScottNew York Court of Appeals · 1861
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Gulf, Colorado & Santa Fe Railway Co. v. Hume Bros.Texas Supreme Court · 1894
- Easton v. DudleyTexas Supreme Court · 1890
- Wood v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1886
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3Cited by6 opinions
- Davis v. CornwellSupreme Court of the United States · 1924
- Richmond Engineering & Manufacturing Corp. v. LothSupreme Court of Virginia · 1923
- Robinson v. Brotherhood of Railroad TrainmenWest Virginia Supreme Court · 1917
- Copp v. Van HiseCourt of Appeals for the Ninth Circuit · 1941
- Laing v. McClungWest Virginia Supreme Court · 1927
1 more not listed; retrieve them via the Exa API.