W. M. Ritter Lumber Co. v. Lestershire Lumber & Box Co.
Citations
- 153 F. 575
- 82 C.C.A. 529
- 1907 U.S. App. LEXIS 4443
Syllabus
<p>1. Sales— Constetjctton of Contract — Action /fob Breach.</p> <p>An order for lumber given in January, 1902, stating that “you may enter our order for 4,000,000 feet of shipping cull poplar of same grading as that furnished us by you during the year 1901 and in accordance with our contract dated February 18, 1901,” did not render the contract made by its acceptance a continuation of the prior contract, which is referred to merely in connection with the grade, and especially where the price named was different, and a breach of the first contract by the purchaser afforded no ground for the refusal of the seller to perform the second.</p> <p>2. Appeal and Eerok — Review—Findings of Fact by Referee.</p> <p>Where the testimony taken before a referee is not in the record as sent to an appellate court, his findings of fact, or upon mixed questions of law and fact, cannot be reviewed.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “[T]he use of 3 unreasonable ‘definitions’ may render the interrogatories so burdensome to the answering party 4 and to the Court, that objections to the entire series should be sustained. . . .”
Source: CourtListener parenthetical corpus (CC0).
Judges: Coxe, Lacombf, Wallace
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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