The Federal Reporter. Volume 63 Cases Argued and Determined in the Circuit Courts of Appeals and Circuit and District Courts of the United States. October-December, 1894. Page: 63
xi, 1023 p. ; 23 cm.View a full description of this legislative document.
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LAWRENCE w. PORE.
In Error to the Circuit Court of the United States for the Weste
ern District of Michigan.
This was an action by Ida A. Lawrence and Frank Lawrence, ad*
ministrators of the estate of Lorenzo J. Bovee, deceased, against
William T. Porter, Charles L. Ames, and Abel H. Frost. At the
trial the court directed the jury to find for defendants. Judgment
for defendants was entered on the verdict Plaintiffs brought error.
Bundy & Travis, for plaintiffs in error.
Walpole Wood and Taggart, Knappen & Denison, for defend-
ants in error.
Before TAFT and LURTON, Circuit Judges.
LURTON, Circuit Judge. This is an action for ltreach of a contract
of sale brought by the buyers against the sellers for failure to deliver
a large quantity of lumber according to the terms of the agreement.
The lumber was to be delivered by the defendants at their mill, on
vessels to be furnished by the plaintiffs, during the shipping season
of 1890. As each cargo was received, the buyer was to give ac-
ceptances, payable in 90 days. After the delivery of one cargo, the
defendants refused, for no sufficient reason, to deliver the remainder
upon the terms of the bargain, but offered to supply the lumber
needed to complete the bill at a reduction of 50 cents on each 1,000
feet, for cash on delivery over the rail of plaintiffs' vessels and at the
time when delivery was required by the broken agreement. The
buyers stood upon their contract, and demanded delivery upon the
credit therein stipulated, and refused to take the lumber offered by
the delinquent sellers on any other terms than those contained in
the agreement. There was evidence tending to show that the quan-
tity and quality of lumber contracted for, and of the dimensions
designated, could not be procured at the place of delivery from
others than the defendants, or at any other available market in time
for shipment according to the terms of the contract; that the lum-
ber was intended for resale at Tonawanda, N. Y.; that defendants
were so informed; and that the market value of such lumber at
Tonawanda, after deducting freight and hauling, was considerably
above the contract price.
The evidence of the plaintiffs established that the defendants were
able to comply with their proposal to deliver the lumber required
by the agreement during the period fixed for delivery in the agree-
ment. This makes it unnecessary to consider the plaintiffs' assign-
ment of error to the ruling of the court that the burden of proof was
on the plaintiffs to show that defendants could not have complied
with their offer to fill out the bill for cash at a reduced price.
There was a jury and verdict for the defendants in compliance
with a charge to that effect
The case must turn upon the error assigned upon the charge of
the court, the other errors assigned being immaterial.
The view of the circuit court upon the question of law upon which
this case in its present attitude must turn, as expressed in the rul-
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The Federal Reporter. Volume 63 Cases Argued and Determined in the Circuit Courts of Appeals and Circuit and District Courts of the United States. October-December, 1894., legislative document, 1895; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc36388/m1/74/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.