Cullen v. Bimm
Ohio Supreme Court
Error to the Superior Court of Cincinnati. August 8, 1873, Ezra Bimm and Christian Herchelrode brought suit in the superior court of Cincinnati against James Cullen and Charles B. Russell, partners as James Cullen & Co. The cause was tried to a jury on the issues made by the petition, answer and reply, and a verdict was rendered at the March term, 1877, in favor of Bimm and Herchelrode, for $7,112. A motion for a new trial was over-ruled and judgment was rendered on the…
Read the full summary
Error to the Superior Court of Cincinnati. August 8, 1873, Ezra Bimm and Christian Herchelrode brought suit in the superior court of Cincinnati against James Cullen and Charles B. Russell, partners as James Cullen & Co. The cause was tried to a jury on the issues made by the petition, answer and reply, and a verdict was rendered at the March term, 1877, in favor of Bimm and Herchelrode, for $7,112. A motion for a new trial was over-ruled and judgment was rendered on the verdict. A bill of exceptions was taken, embodying a portion of the evidence, certain requests for instruction to the jury,…
1Opinion of the CourtOkey, J.
The record does not purport to contain all the testimony. We must assume, therefore, that the verdict was supported by sufficient evidence, and simply inquire whether there was error in matter of law.
1. Whether Bimm and Herchelrode could have held the ice for Cullen & Co. and recovered the contract price, is a question which we need not determine. Hadly v. Pugh, Wright, 554; Dayton, &c. T. Co. v. Coy, 13 Ohio St. 84, 90; Shawhan v. Van Nest, 25 Ohio St. 490; Benjamin on Sales (2 Am. ed.), § 788, bear upon it. Assuming that there was a breach of the contract on the part of Cullen & Co., Bimm…
2Cases cited10 opinions
- Marsh v. WhitmoreSupreme Court of the United States · 1874
- Bassett v. BrownMassachusetts Supreme Judicial Court · 1870
- Hayden v. . DemetsNew York Court of Appeals · 1873
- Dayton, Watervleit Valley & Xenia Turnpike Co. v. CoyOhio Supreme Court · 1861
- Quick v. . WheelerNew York Court of Appeals · 1879
5 more not listed; retrieve them via the Exa API.