Quimbee logo
DMCA.com Protection Status
  • S
  • Swift Canadian Co. v. BanetSwift Canadian Co. v. Banet
From our private database of 16,800+ case briefs...

Swift Canadian Co. v. Banet

United States Court of Appeals for the Third Circuit
224 F.2d 36 (1955)

Swift Canadian Co. v. Banet


Swift Canadian Co. (Swift) (plaintiff), a company based in Toronto, entered into a contract with the Banet defendants who do business as Keystone Wool Pullers (Keystone) (defendant) in Philadelphia. Under the contract, Keystone was to purchase a quantity of lamb pelts at a stipulated price. The pelts would be sold "F.O.B. Toronto" and shipped to Keystone by way of the Pennsylvania Railroad to Philadelphia. Two other conditions in the contract provided that neither party would be liable for any governmental act or order and that should the pelts be sold “F.O.B. seller's plant,” title and risk of loss would pass to Keystone when the product was loaded on cars at the seller's plant. Following a shipment of a portion of the pelts, Swift advised Keystone of its readiness to ship the remaining pelts. On or about this time, the United States Bureau of Animal Industry issued new regulations regarding the importation of lamb pelts which had the effect of preventing the importation of lamb pelts into the United States. Keystone advised Swift that it was refusing delivery of the pelts and in response, Swift did not load or ship the pelts. Swift commenced an action against Keystone for breach of contract in the United States District Court for the Eastern District of Pennsylvania. Both parties moved for summary judgment and the district court granted Keystone's motion. Swift appealed to the United States Court of Appeals for the Third Circuit.

Rule of Law


Holding and Reasoning (Goodrich, J.)

What to do next…

  1. 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 449,000 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.

  2. 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 449,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,800 briefs, keyed to 224 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.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial