Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bernardin Inc. v. Midland Oil Corp.

July 31, 1975

BERNARDIN, INC., PLAINTIFF-APPELLEE,
v.
MIDLAND OIL CORPORATION, DEFENDANT-APPELLANT



Appeal from the United States District Court for the Southern District of Indiana, Evansville Division, No. EV 71-C-50 S. HUGH DILLIN, Judge.

Castle, Senior Circuit Judge, Bauer, Circuit Judge, and William G. East,*fn* Senior District Judge.

Author: East

EAST, Senior District Judge:

THE PARTIES

The plaintiff-appellee Bernardin, Inc. (hereinafter Bernardin) is an Indiana corporation with its principal place of business in Evansville, Indiana. Bernardin manufactures metal closures or caps for glass jars.

The non-appealing defendant Zestee Foods, Incorporated (hereinafter Zestee) is an Oklahoma corporation with its principal place of business in Oklahoma City, Oklahoma.*fn1 Zestee was a processor of assorted food stuffs, such as mayonnaise, mustard, and the like.

The defendant-appellant Midland Oil Corporation (hereinafter Midland) is a Delaware corporation with its principal place of business in Tulsa, Oklahoma. Midland is engaged in the oil and gas business in Oklahoma as well as with other enterprises and holdings, including the organization of and continued total ownership of the capital stock of Zestee.

THE APPEAL

Midland appeals from the judgment entered in the District Court against it and Zestee jointly in favor of Bernardin for the amount of $26,181.22 plus accrued interest. We affirm.

ASSIGNMENTS OF ERROR

Midland asserts four assignments of error. The District Court erred in:

(1) Failing to deduct from the indebtedness sued upon two checks submitted by Zestee and negotiated by Bernardin and two credit memos from Bernardin to Zestee, all of which were introduced into evidence and undisputed;

(2) Failing to honor an agreement and stipulation between the parties established by the negotiation by Bernardin of a check specifying the remaining account balance.

(3) Overruling Midland's motion to dismiss for lack of jurisdiction over Midland; and

(4) Imposing upon Midland liability for Zestee's account ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.