Inman Bros. v. Dudley & Daniels Lumber Co.
Court of Appeals for the Sixth Circuit
Error to the Circuit Court of the United States for the Western District of Tennessee. This was an action at law to recover damages for the breach of a contract for the purchase and sale of certain lumber.
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Error to the Circuit Court of the United States for the Western District of Tennessee. This was an action at law to recover damages for the breach of a contract for the purchase and sale of certain lumber. The contract was as follows: “Newbern, Temí., Nov. 24, 1902. “This contract entered into this the 24th day of November, J902, by and between Inman Brothers, party of the first part, of Newborn, Tennessee, and the Dudley & Daniels Lumber Oo„ of Brand Rapids, Michigan, party of the second part. Inman Brothers, party of the first part, do hereby give the exclusive sale to the Dudley & Daniels…
1Opinion of the CourtLurton, Circuit Judge
1. The defendants sought to show the actual amount of lumber cut at Riverside sawmill during the year 1903. This evidence was objected to and excluded upon the ground that the contract was for the sale of a definite amount of lumber,, and that it was immaterial whether the lumber actually cut during 1903 was more or less than the amount contracted for. This was error. The contract was for the sale of the lumber which Inman Bros, had on hand at their mill and at their shipping station, and also for the sale of such lumber as they should cut during the year 1903. The lumber on hand was all…
2Cases cited13 opinions
- Brawley v. United StatesSupreme Court of the United States · 1878
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- Deery v. CraySupreme Court of the United States · 1867
- Bates v. PrebleSupreme Court of the United States · 1894
- Freeborn v. SmithSupreme Court of the United States · 1865
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3Cited by23 opinions
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- Marx v. American Malting Co.Court of Appeals for the Sixth Circuit · 1909
- Dowdy v. United StatesCourt of Appeals for the Fourth Circuit · 1931
- Goins v. United StatesCourt of Appeals for the Fourth Circuit · 1938
- Keliher v. United StatesCourt of Appeals for the First Circuit · 1912
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