Legal Opinion
Tozer v. Charles A. Krause Milling Co.
Court of Appeals for the Third Circuit
Decided May 7, 1951No. 10342_1PublishedCited by 440 opinions
1Opinion of the Court
STALEY, Circuit Judge.
The issue before us on appeal is whether the district judge abused his discretion in dismissing a motion by defendant to set aside a default judgment. 1 We hold that his refusal to set aside the judgment was error.
On September 29, 1948, the Italian Cook Oil Corporation, 2 a New York corporation, instituted this action in the United States District Court for the Eastern District of Pennsylvania. The complaint alleged damages for a breach of an implied warranty of quality of crude corn oil, sold by defendant corporation to plaintiff. Defendant is a Wisconsin corporation…
2Cases cited13 opinions
- Morris & Co. v. Skandinavia InsuranceSupreme Court of the United States · 1929
- Robert Mitchell Furniture Co. v. Selden Breck Construction Co.Supreme Court of the United States · 1921
- Fuel City Mfg. Co. v. Waynesburg Products Corp.Supreme Court of Pennsylvania · 1920
- Orange Theatre Corp. v. Rayherstz Amusement Corp.Court of Appeals for the Third Circuit · 1942
- Ledwith v. StorkanDistrict Court, D. Nebraska · 1942
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3Cited by440 opinions
- GTE Automatic Electric, Inc. v. ARC Industries, Inc.Ohio Supreme Court · 1976
- Hritz v. Woma Corp.Court of Appeals for the Third Circuit · 1984
- United States v. $55,518.05 in U.S. Currency. Appeal of Gary GoldenCourt of Appeals for the Third Circuit · 1984
- United Coin Meter Company, Inc., a Michigan Corporation v. Seaboard Coastline Railroad, a Virginia CorporationCourt of Appeals for the Sixth Circuit · 1983
- H. F. Livermore Corporation v. Aktiengesellschaft Gebruder LoepfeCourt of Appeals for the D.C. Circuit · 1970
435 more not listed; retrieve them via the Exa API.