Pressed Steel Car Co. v. Eastern Ry. Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Minnesota. These wits of error have been sued out to review the trial of an action brought by the Pressed Steel Car Company, a corporation, against the Eastern Railway Company of Minnesota, another corporation, to recover the unpaid part of the purchase price of 400 steel hopper ore cars, which the car company had made and delivered to the railway company under this contract: “This agreement, made and…
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In Error to the Circuit Court of the United States for the District of Minnesota. These wits of error have been sued out to review the trial of an action brought by the Pressed Steel Car Company, a corporation, against the Eastern Railway Company of Minnesota, another corporation, to recover the unpaid part of the purchase price of 400 steel hopper ore cars, which the car company had made and delivered to the railway company under this contract: “This agreement, made and entered into this 19th day of December, A. D. 1899, between the Pressed Steel Car Company of Pittsburgh, Pa., party of the…
1Opinion of the CourtSanborn, Circuit Judge
The grave question in this case is whether the Pressed Steel Car Company agreed to pay the railway company the liquidated damages stipulated in the contract during the time it was delayed in delivering its cars by the unavoidable contingencies named in the agreement, and that question must be determined by a fair construction of the contract.
The purpose of a written agreement is to evidence the terms upon which the minds of the parties to it meet when they make it. Hence the true end of all contractual interpretation is to ascertain that intention, and when it is found it prevails over verbal…
2Cases cited15 opinions
- O'BRIEN v. MillerSupreme Court of the United States · 1897
- Daniel Boardman and Others, in Error v. The Lessees of Reed and Ford, M'call and Others, in ErrorSupreme Court of the United States · 1832
- Salt Lake City v. SmithCourt of Appeals for the Eighth Circuit · 1900
- Canal Co. v. HillSupreme Court of the United States · 1872
- Ward v. Hudson River Building Co.New York Court of Appeals · 1891
10 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- United States Fidelity & Guaranty Co. v. Board of Com'rs of Woodson CountyCourt of Appeals for the Eighth Circuit · 1906
- American Bonding Co. of Baltimore v. Pueblo Inv. Co.Court of Appeals for the Eighth Circuit · 1906
- Glickfeld v. Howard Van Lines, Inc. Howard Van Lines, Inc. v. GlickfeldCourt of Appeals for the Ninth Circuit · 1954
- A. Leschen & Sons Rope Co. v. Mayflower Gold Mining & Reduction Co.Court of Appeals for the Eighth Circuit · 1909
- Coca-Cola Bottling Co. v. Coca-Cola Co.District Court, D. Delaware · 1920
62 more not listed; retrieve them via the Exa API.