From our private database of 14,000+ case briefs...
Reliance Cooperage Corp. v. Treat
United States Court of Appeals for the Eighth Circuit
195 F.2d 977 (1952)
In July 1950, Reliance Cooperage Corporation (Reliance) (plaintiff) entered into a contract with A.R. Treat (defendant) in which Treat agreed to produce and deliver 300,000 “white oak bourbon staves” not later than December 31, 1950. Staves are often used to make liquor barrels bound by wooden or metal hoops. The contracted price was $450 per thousand. Sometime in August 1950, Treat informed Reliance by letter and telephone that he repudiated the contract. Thereafter, Reliance wrote Treat and informed him that they were “confident” that Treat would perform under the agreement and that they would hold him to the contract’s terms. Treat never responded to Reliance’s letter and never delivered any staves. Reliance filed suit against Treat for damages. At trial, the evidence showed that the market price for staves on December 31, 1950, was more than the contract price but not in excess of $750 per thousand. At the close of the evidence, the trial court denied Reliance’s request for an instruction that it was entitled to recover the difference between the contract price of the staves and the market price of similar staves on December 31, 1950. Instead, the court instructed the jury that Reliance owed a duty to mitigate its damages by purchasing the staves elsewhere. The jury returned a verdict for Reliance and assessed damages at $500. Reliance appealed.
Rule of Law
Holding and Reasoning (Sanborn, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 203,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.