Legal Opinion

Park Bros. & Co. v. Kelly Axe Manuf'g Co.

Court of Appeals for the Sixth Circuit

Decided January 29, 1892PublishedCited by 5 opinions

In Error to the Circuit Court of the United States for the District of Kentucky. Action by Park Bros. & Co., Limited, against Kelly Axe Manufacturing .Company. Demurrer by defendant sustained. Plaintiff brings error.

1Opinion of the Court

Jackson, Circuit Judge,

ft appears from the record in this case that

on December 9, 1887, the plaintiff in error submitted to the defendant in error, a Kentucky corporation, located and doing business at Louisville, in said state, the following written proposition:

“We propose to supply you with all the axe and hatchet steel, of good and suitable quality, you will use in your works prior to December 81,1888, not to exceed 125 net tons, nor be less than 100 net tons, at 8|- cents per pound. The above price is guarantied against our own and association decline on the undelivered portion of this…

2Cases cited14 opinions

  1. Pritchard v. NortonSupreme Court of the United States · 1882
  2. Scudder v. Union National BankSupreme Court of the United States · 1875
  3. Chapman v. BarneySupreme Court of the United States · 1889
  4. Railroad Company v. HarrisSupreme Court of the United States · 1871
  5. Aurora City v. WestSupreme Court of the United States · 1869

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

3Cited by5 opinions

  1. Crockett v. McLanahanTennessee Supreme Court · 1902
  2. Manigault v. S. M. Ward & Co.District Court, D. South Carolina · 1903
  3. Hogue-Kellogg Co. v. G. L. Webster Canning Co.Court of Appeals for the Fourth Circuit · 1927
  4. Monarch Refrigerating Co. v. Farmers' Peanut Co.Court of Appeals for the Fourth Circuit · 1935
  5. Security Holding Co. v. ChristensenSouth Dakota Supreme Court · 1928

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