United States Circuit Courts of Appeals Reports (Volume 83); With Key-Number Annotations V. 1-171 [1891-1919]. download torrent

United States Circuit Courts of Appeals Reports (Volume 83); With Key-Number Annotations V. 1-171 [1891-1919]..cBooks Group

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908. Excerpt: ... It provided for delivery of the cake at a shipping port. In an action to recover damages for breach of the contract, plaintiff claimed that the delivery provided for in the contract was in accordance with the usage of the market and the rules of the International Cottonseed Crushers' Association, of which, however, defendant was not a member. Held, that the question whether a contract of sale binding on defendant was made by the correspondence and acts of the broker, in view of the evidence as to usage, was one for the jury. In Error to the Circuit Court of the United States for the Eastern District of Louisiana. M. T. Hewes, for plaintiff in error. John Clegg and Lamar C. Quintero, for defendant in error. Before PARDEE, McCORMICK, and SHELBY, Circuit Judges. McCORMICK, Circuit Judge. The assignment of errors in this case submits: (1) The lower court erred in permitting the plaintiffs to amend their petition after issue had been joined; (2) in overruling the peremptory exception to the jurisdiction of the court; (3) in refusing to instruct the jury, as requested by the defendant, etc.; (4) in instructing the jury, at the request of plaintiffs' counsel, to return a verdict for the plaintiffs; (C) in rendering judgment against defendant upon the facts presented. We conclude from our study of the record in this case that only the fourth and sixth of these specifications of error merit our attention. These require consideration of the pleadings and of all of the proof, and justify a statement of the features of the evidence in some detail. Conforming to the practice in Louisiana, the action was begun by petition. It alleges that on the 26th of August, 1902, the petitioners purchased of the defendant company 1,500 tons, of 2,240 pounds each, prime cotton-seed ...

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