Davis & Rankin Bldg. & Manuf'g Co. v. Barber
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United Hta.tes for the District of Indiana. Action by the Davis & Rankin Building & Manufacturing Company against William W. Barber and 60 other defendants for breach of contract. A demurrer to the declaration was sustained, and the plaintiff brings error.
1Opinion of the Court
JENKINS, Circuit Judge.
This cause is brought here seeking a review of the judgment of the court below sustaining the de murrers to the plaintiff’s declaration. The action was against some 61 subscribers to a contract with Davis and Rankin, the assignors of the plaintiff in error. This contract was for the construction of a creamery, and damages are sought for an alleged breach of the contract by the defendants. The demurrers go to the jurisdiction of the court below over the subject-matter of the action, and are predicated upon the theory that, by a proper construction of the contract…
2Cases cited2 opinions
- McLish v. RoffSupreme Court of the United States · 1891
- Davis & Rankin Bldg. & Manuf'g Co. v. BarberU.S. Circuit Court for the District of Indiana · 1892
3Cited by15 opinions
- Morrisdale Coal Co. v. Pennsylvania R. Co.Court of Appeals for the Third Circuit · 1910
- Baltimore & O. R. v. MeyersCourt of Appeals for the Seventh Circuit · 1894
- Watkins v. KingCourt of Appeals for the Fourth Circuit · 1902
- Coler v. Grainger CountyCourt of Appeals for the Sixth Circuit · 1896
- United States ex rel. County of Iron v. SeverensCourt of Appeals for the Sixth Circuit · 1896
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