Wood v. W. E. Sexton Co.
Court of Appeals for the Third Circuit
In Error to the District Court ol the United States for the Eastern District of Pennsylvania; Oliver B. Dickinson, judge. Action at law by the W. E. Sexton Company against Walter Wood, trading as R. D. Wood & Co. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
DAVIS, Circuit Judge.
This suit arose out of an alleged breach of a contract for 1,000 tons of pipe. On October 21, 1916, the W. E. Sexton Company, of Mineóla, N. Y., placed an “order for one thousand tons ‘class B’ pipe immediate and winter shipments, price twenty-nine dollars six-inch and larger; four-inch, thirty-two dollars”—-with Walter Wood, trading as R. D. Wood & Co., of Philadelphia. Two days later ibc defendant accepted the order. In January, 1917, the plaintiff ordered approximately 353 tons of the 1,000, which was eventually delivered ; but the rest had not been delivered on March…
2Cases cited8 opinions
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Jacobs v. Southern Railway Co.Supreme Court of the United States · 1916
- McDermott v. SevereSupreme Court of the United States · 1906
- Guerini Stone Co. v. P. J. Carlin Construction Co.Supreme Court of the United States · 1919
- Pennsylvania Railroad v. MindsSupreme Court of the United States · 1919
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Kitrell v. United StatesCourt of Appeals for the Tenth Circuit · 1935