Dahnke-Walker Milling Co. v. Bondurant
Supreme Court of the United States
ERROR TO THE COURT OP APPEALS OP THE STATE OP KENTUCKY. Error to a judgment of the Court of Appeals of Kentucky which affirmed a judgment of a court of first instance on a verdict directed for the defendant in an action for damages for breach of contract, brought by the plains tiff in error. While transportation is a part of commerce between the States, it is merely one of its elements.
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ERROR TO THE COURT OP APPEALS OP THE STATE OP KENTUCKY. Error to a judgment of the Court of Appeals of Kentucky which affirmed a judgment of a court of first instance on a verdict directed for the defendant in an action for damages for breach of contract, brought by the plains tiff in error. While transportation is a part of commerce between the States, it is merely one of its elements. Either transportation or delivery may be the last of several steps in a transaction classed by this court as interstate commerce. In those cases where the seller goes into the buyer’s State and negotiates the…
1Concurrence
Mr. Justice Brandeis,
with whom concurred
2DissentJustice Clarke
The writ of error should, in my opinion, be dismissed. The obstacle to our assuming jurisdiction is not procedural; as it is in those cases where a plaintiff fails because the claim was not made seasonably or in appropriate form.1 Here, the obstacle is the nature of the constitutional question sought to be reviewed. It involves a state statute. But the validity of the statute is not actually drawn in question. Only the propriety of the application or use of the statute is questioned. Since the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726, such…
3Cases cited60 opinions
- F. S. Royster Guano Co. v. VirginiaSupreme Court of the United States · 1920
- Coe v. ErrolSupreme Court of the United States · 1886
- Hooper v. CaliforniaSupreme Court of the United States · 1895
- People's Tobacco Co. v. American Tobacco Co.Supreme Court of the United States · 1918
- International Textbook Co. v. PiggSupreme Court of the United States · 1910
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