National Pub. Co. v. International Paper Co.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action at law by the National Publishing Company against the International Paper Company. Judgment for defendant, and plaintiff brings error.
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In Error to the District Court of the United States for the Southern District of New York. Action at law by the National Publishing Company against the International Paper Company. Judgment for defendant, and plaintiff brings error. Action is for breach of a contract in writing, which plaintiff set forth in the complaint according to its supposed legal effect, as follows: That said contract was one “whereby defendant [Paper Company] agreed to sell to plaintiff [Publishing Company], and plaintiff agreed to buy from defendant, 400 tons of half-tone newspaper”; that plaintiff delivered only 83…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). Plaintiff’s position, as defined by pleading, is that the contract before us is one for 400 tons of paper, and every word in it unnecessary to express this thought is mere surplusage. Its position, as outlined by conduct, and never disavowed to our knowledge, is that it was entitled to take as much or as little as it wanted, and whenever it wanted, provided all was demanded within the year, and the total did not exceed 400 tons. But never has plaintiff asserted the writing to be no contract, or (as the phrase is commonly used) a void contract.
[1] The…
2Cases cited10 opinions
- Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1902
- Loudenback Fertilizer Co. v. Tennessee Phosphate Co.Court of Appeals for the Sixth Circuit · 1903
- Crane v. C. Crane & Co.Court of Appeals for the Seventh Circuit · 1901
- Marx v. American Malting Co.Court of Appeals for the Sixth Circuit · 1909
- Burgess Sulphite Fibre Co. v. BroomfieldMassachusetts Supreme Judicial Court · 1902
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mathieson Alkali Works v. Virginia Banner Coal Corp.Supreme Court of Virginia · 1927
- G. T. Fogle & Co. v. United StatesCourt of Appeals for the Fourth Circuit · 1943
- Louisville Soap Co. v. TaylorCourt of Appeals for the Sixth Circuit · 1922
- International Paper Co. v. Beacon Oil Co.Court of Appeals for the First Circuit · 1923
- Bell-Wayland Co. v. Russell Jobbers MillsSupreme Court of Oklahoma · 1923
3 more not listed; retrieve them via the Exa API.