Johnston Mfg. Co. v. Wilson Thread Co.
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the. Western District of South Carolina, at Greenville; Henry H. Watkins, Judge. . Action by the Johnston Manufacturing Company against the Wilson Thread Company to recover the balance due on a contract for the sale of yarn. From a judgment for plaintiff for only the amount due after deducting defendant’s claim for damages for defective quality, plaintiff brings error.
1Opinion of the Court
WOODS, Circuit Judge.
Johnston Manufacturing Company brought this action against Wilson Thread Company to recover $3,-010.74, the purchase price of 5,282 pounds of yarn furnished under a contract calling for a total of 15,000 pounds of “8/3 carded peeler yarn at 57 cents per pound, * * * color and twist equal sample:” The answer thus states the defense:
“That the contract between the plaintiff and the defendant provided that the yarns should be put up in tubes, color and twist equal to sample; that the sample was of that class of yarn known as No. 8 3-ply, smooth and even running first-class;…
2Cases cited13 opinions
- Gibbons v. United StatesSupreme Court of the United States · 1869
- Thornton v. WynnSupreme Court of the United States · 1827
- Dewey v. West Fairmont Gas Coal Co.Supreme Court of the United States · 1887
- Miller v. TiffanySupreme Court of the United States · 1864
- Parish v. United StatesSupreme Court of the United States · 1880
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- South Carolina Electric & Gas Co. v. Combustion Engineering, Inc.Court of Appeals of South Carolina · 1984
- United States v. Hamden Co-Operative Creamery Co.District Court, E.D. New York · 1960
- I-Xl Eastern Furniture Co., Inc., and I-Xl Furniture Co., Inc. v. Holly Hill Lumber Company, a South Carolina CorporationCourt of Appeals for the Fourth Circuit · 1958
- Ensign-Bickford Co. v. United StatesUnited States Court of Claims · 1925