Budge v. United Smelting & Refining Co.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of tbe United States for the District of Montana. The plaintiff in error seeks to review a judgment which was rendered against him npon a demurrer to his complaint.
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In Error to the Circuit Court of tbe United States for the District of Montana. The plaintiff in error seeks to review a judgment which was rendered against him npon a demurrer to his complaint. In the complaint he alleged, in substance, the following facts: That on November 24, 1897, the plaintiff And the defendant entered into a contract, as follows: “That the party of the first part [the plaintiff] agrees to furnish to the party of the second part [the defendant] all mining- limbers required and used by Hie party of Hie second part on the Broadwater Mines lease at Xeiliart, county of…
1Opinion of the Court
GILBERT, Circuit. Judge,
after stating the cast; as above, delivered tlu; opinion of the court
The ruling of the circuit court in sustaining the demurrer was based upon the case of Brawley v. U. S., 96 U. S. 168, 24 L. Ed. 622,— a case in which the court: was required to construe a contract to furnish cord wood for an army post. The view which the court took of the contract in that case is set forth in the language of the opinion as follows:
"The contract was not for the delivery of any particular lot or any particular quantify, but to deliver at the post of Fort Pembina eight hundred and eighty…
2Cases cited1 opinion
- Brawley v. United StatesSupreme Court of the United States · 1878
3Cited by9 opinions
- Eustis Mining Co. v. Beer, Sondheimer & Co.District Court, S.D. New York · 1917
- Wolff v. Wells, Fargo & Co.Court of Appeals for the Ninth Circuit · 1902
- Louisville Soap Co. v. TaylorCourt of Appeals for the Sixth Circuit · 1922
- M. W. Kellogg Co. v. Standard Steel Fabricating Co. Standard Steel Fabricating Co. v. M. W. Kellogg Co.Court of Appeals for the Tenth Circuit · 1951
- William C. Atwater & Co. v. Terminal Coal Corp.District Court, D. Massachusetts · 1940
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