Burn v. Metropolitan Lumber Co.
Supreme Court of Connecticut
Action to recover damages for the alleged wrongful refusal of the defendant to deliver a carload of lumber pursuant to its agreement, brought to and tried by the Court of Common Pleas in Fairfield County, Booth, J.; facts found and judgment rendered for the plaintiffs for $374, and appeal by the defendant. From the finding the following material facts appeared: The plaintiffs were carpenters and builders in Bridgeport, Connecticut.
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Action to recover damages for the alleged wrongful refusal of the defendant to deliver a carload of lumber pursuant to its agreement, brought to and tried by the Court of Common Pleas in Fairfield County, Booth, J.; facts found and judgment rendered for the plaintiffs for $374, and appeal by the defendant. From the finding the following material facts appeared: The plaintiffs were carpenters and builders in Bridgeport, Connecticut. The defendant was in the wholesale lumber business in Newark, New Jersey. May 7th, 1917, the plaintiffs gave defendant’s agent in Bridgeport an order, accepted by…
1Opinion of the CourtGager, J.
This case was left to the trial court upon very meagre testimony on the part of the plaintiffs, and none whatever on the part of the defendant.
The appeal is based on claimed errors in the finding, errors in rulings on evidence, and errors in conclusions of law.
The action being for damages for failure to deliver a quantity of lumber, the first question is where was the lumber to be delivered? The court found it was to be delivered in Bridgeport, and this conclusion of fact is warranted by the evidence. The contract was in writing and dated at Bridgeport, and the parts material to this action…
2Cases cited6 opinions
- National Bank of Commerce v. City of New BedfordMassachusetts Supreme Judicial Court · 1900
- Curtis v. BradleySupreme Court of Connecticut · 1894
- Town of Norwalk ex rel. Fawcett v. IrelandSupreme Court of Connecticut · 1896
- Erie Preserving Co. v. MillerSupreme Court of Connecticut · 1885
- Harlow v. Parsons Lumber & Hardware Co.Supreme Court of Connecticut · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- George v. EricsonSupreme Court of Connecticut · 1999
- Neff v. NeffSupreme Court of Connecticut · 1921
- In re Barbara J.Supreme Court of Connecticut · 1990
- Baltimore American Ins. Co. v. Pecos Mercantile Co.Court of Appeals for the Tenth Circuit · 1941
- General Motors Acceptance Corporation v. Capitol Garage, Inc.Supreme Court of Connecticut · 1967
6 more not listed; retrieve them via the Exa API.