The Federal Reporter: Cases Argued and Determined in the Circuit and District Courts of the United States, Volumes 9-10West Publishing Company, 1882 - Law reports, digests, etc Includes cases argued and determined in the District Courts of the United States and, Mar./May 1880-Oct./Nov. 1912, the Circuit Courts of the United States; Sept./Dec. 1891-Sept./Nov. 1924, the Circuit Courts of Appeals of the United States; Aug./Oct. 1911-Jan./Feb. 1914, the Commerce Court of the United States; Sept./Oct. 1919-Sept./Nov. 1924, the Court of Appeals of the District of Columbia. |
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Page 65
... CONTRACT BURDEN OF PROOF -EXPERT TESTIMONY - MEASURE OF DAMAGES . Where a contract of sale was entered into in St. Louis , whereby the vendors agreed to ship the vendee 500 tons of " No. 1 Shott's Scotch pig - iron * * from Glasgow , as ...
... CONTRACT BURDEN OF PROOF -EXPERT TESTIMONY - MEASURE OF DAMAGES . Where a contract of sale was entered into in St. Louis , whereby the vendors agreed to ship the vendee 500 tons of " No. 1 Shott's Scotch pig - iron * * from Glasgow , as ...
Page 66
... contract was to secure , as soon as possible , a given quantity of a given quality of iron . Whether the vessel carrying it should depart from Glasgow or Leith was immaterial . 2. Shipment " as soon as possible " is a natural and ...
... contract was to secure , as soon as possible , a given quantity of a given quality of iron . Whether the vessel carrying it should depart from Glasgow or Leith was immaterial . 2. Shipment " as soon as possible " is a natural and ...
Page 67
... contract , and allege that the defendant has failed to comply with his obligations as expressed in that contract . The contract is very brief , and is in the following words : " SALE MEMORANDUM . " ST . LOUIS , February 20 , 1880 ...
... contract , and allege that the defendant has failed to comply with his obligations as expressed in that contract . The contract is very brief , and is in the following words : " SALE MEMORANDUM . " ST . LOUIS , February 20 , 1880 ...
Page 68
... contract upon which this suit is brought . One of the provisions of the contract is that the iron was to be shipped from Glasgow , and I instruct you , as a matter of law , that that is not a material provision of the contract so far as ...
... contract upon which this suit is brought . One of the provisions of the contract is that the iron was to be shipped from Glasgow , and I instruct you , as a matter of law , that that is not a material provision of the contract so far as ...
Page 69
... contract , and the plaintiffs cannot recover . But , on the other hand , if find from the evidence that the iron was of the description named in the contract , as understood by the merchants here , where the contract was made , then the ...
... contract , and the plaintiffs cannot recover . But , on the other hand , if find from the evidence that the iron was of the description named in the contract , as understood by the merchants here , where the contract was made , then the ...
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action admiralty alleged amount answer appears applied assignee attached attorney authority bank bankrupt bankruptcy bill of lading bond cargo carrier cause cause of action charge charter-party Circuit Court claim collision common carrier complainant complainant's congress construction contract court of equity creditors damages debt debtors decree defendant defendant's demurrer device discharge District Court Downton duty entitled equity evidence execution fact filed garnishee granted held Indianapolis & St infringement invention iron issued judgment jurisdiction jury letters patent liable libel lien light machine master mate ment Missouri mortgage motion offence original patent owner paid Pangussett parties payment person petition plaintiff plea Plymouth Rock port proceedings proof purpose question Railroad reason recover reissue rendered rule salvage schooner secured ship statute steamer suit supreme court testifies testimony tion trial United valid vessel witnesses Yankee Doodle York