Gulf Banana Co., Inc. v. Reefer Shipping Corporation, Ltda.

Fifth Circuit

Gulf Banana Co., Inc. v. Reefer Shipping Corporation, Ltda.

391 F.2d 287, 1968 U.S. App. LEXIS 7760

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 11, 1968

Docket24923

StatusPublished

Cited by6 cases

This text of 391 F.2d 287 (Gulf Banana Co., Inc. v. Reefer Shipping Corporation, Ltda.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gulf Banana Co., Inc. v. Reefer Shipping Corporation, Ltda., 391 F.2d 287, 1968 U.S. App. LEXIS 7760 (5th Cir. 1968).

Pincite

Opinion

PER CURIAM:

The single issue here is one of fact — whether freight for a cargo of bananas was agreed to be a fixed charge of money per case, or, a percentage of the bananas. It was decided against appellant by the district court on conflicting evidence. There, the case should have ended, but did not. The district judge was in a much better position to judge the credibility of the witnesses than are we. We can not say that he was clearly erroneous. “Findings of fact will not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses.” Rule 52(a), Federal Rules of Civil Procedure. The trial court should be and is

Affirmed.

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PER CURIAM:

The single issue here is one of fact — whether freight for a cargo of bananas was agreed to be a fixed charge of money per case, or, a percentage of the bananas. It was decided against appellant by the district court on conflicting evidence. There, the case should have ended, but did not. The district judge was in a much better position to judge the credibility of the witnesses than are we. We can not say that he was clearly erroneous. “Findings of fact will not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses.” Rule 52(a), Federal Rules of Civil Procedure. The trial court should be and is

Affirmed.

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391 F.2d 287, 1968 U.S. App. LEXIS 7760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gulf-banana-co-inc-v-reefer-shipping-corporation-ltda-ca5-1968.

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