Contracts Keyed to Kuney
Marquette Cement Manufacturing Co. v. Louisville & Nashville Railroad Co.
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Marquette Cement Manufacturing Company (Marquette) (plaintiff) sold cement. Marquette had two divisions. One division, Concrete Pipe, always obtained air-entrained cement, which had an indistinguishable appearance from standard cement. The other division, Rock Products, always obtained regular cement and always added its own air to the cement. Louisville and Nashville Railroad Company (L and N) (defendant) inadvertently conveyed a carload of air-entrained cement intended for Concrete Pipe to Rock Products. The bill of filling for the shipment demonstrated that the cement was air-entrained, yet the railroad assistant in charge of the mistake did not recognize what the designation implied or that there was any difference between the cement shipped to Concrete Pipe and the cement sent to Rock Products. Rock Products added air to the air-entrained cement, which contractor workers utilized as a part of a construction project. That cement later must be removed and redone. Marquette sued L & N, looking for consequential damages for: (1) the estimation of the carload of cement, (2) the freight charges, (3) the cost of replacing the cement in the construction projects, and (4) the amount paid to a concrete-testing laboratory.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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