Samuel H. Cottrell & Son v. Smokeless Fuel Co.
Citations
- 129 F. 174
- 1904 U.S. App. LEXIS 4743
Syllabus
<p>1. Sales — Contracts—Excuses for Failure to Deliver.</p> <p>Where a contract for the sale of such coal as the buyer might need, approximating 3,000 tons, during the year from April 17, 1902, to April 17, 1903, contained a provision that deliveries should be subject to strikes, accidents, interruptions to transportation, and other causes beyond the seller’s control, the existence of a miners’ strike did not avoid the contract, but only suspended its operation during such strike.</p> <p>2. Same — Damages.</p> <p>Where defendants agreed to deliver such coal as plaintiff should need between April 17, 1902, and April 17, 1903, approximating 3,000 tons, in such quantities and at such times as plaintiff should direct, except that deliveries should be subject to strikes, and by reason of a strike deliveries were prevented from June 7, 1902, to March 1, 1903, and plaintiff only demanded two car loads after that date, plaintiff could only recover damages on such amount.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “[f]ees awarded under ‘the percentage-of-recovery’ method in settlements under $100 million have ranged from 15% to 40%” and that “cases generating comparatively smaller funds can require a higher percentage fee award” (citation omitted)
- noting attorney’s fees awarded under the percentage of the fund method “are generally between twenty-five (25) and thirty (30) percent of the fund.”
- approving an ERISA settlement recovery of $3.6 million, where class damages were expected to be as high as $111 million or as low as $7.5 million
- approving expense request that included “filing fees, expert and mediation fees, travel costs, computer research, copies, and other miscellaneous costs,” and concluding that these expenses were “reasonable and typical”
- approving expense request that included “filing fees, expert and mediation fees, travel costs, computer research, copies, and other miscellaneous costs” and concluding that the expenses were “reasonable and typical”
- approving expense request that included “filing fees, expert and mediation fees, travel costs, computer research, copies, and other miscellaneous costs” and concluding that the expenses were “reasonable and typical”
Source: CourtListener parenthetical corpus (CC0).
Judges: Waddill
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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