Himrod v. Kimberly
Supreme Court of Pennsylvania
Appeal, No. 97, Oct. T., 1907, by plaintiff, from judgment of C. P. Mercer Co., June T., 1901, No. 42, on verdict for defendant in case of Charles Himrod v. P. L. Kimberly, now George Baird, John C. Owsley and Ira B. Bassett, Executors of last will and testament of P. L. Kimberly, deceased. Assumpsit for breach of contract. The action was based upon a verbal contract.
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Appeal, No. 97, Oct. T., 1907, by plaintiff, from judgment of C. P. Mercer Co., June T., 1901, No. 42, on verdict for defendant in case of Charles Himrod v. P. L. Kimberly, now George Baird, John C. Owsley and Ira B. Bassett, Executors of last will and testament of P. L. Kimberly, deceased. Assumpsit for breach of contract. The action was based upon a verbal contract. Facts made in 1892 and afterwards reduced to writing in two letters which passed between the parties, as follows: “ Oct. 22, 1892. “ Mr. P. L. Kimberly, “ Sharon, Pa. “ Dear Sir: “ As you have not been here, as expected, I write…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This action was brought to recover damages for the breach of a contract to deliver iron ore. The contract was set out in the letter of Himrod to Kimberly, dated October 22, 1892, and in the reply from Kimberly, dated November 1,1892. Under the express terms of the contract, no ore was to be delivered until May, 1893. This was recognized by Himrod in his letter to Kimberly, dated April 29, 1893, in which he wrote : “ According to the terms of our agreement you were to commence delivering the ore from the Biwabic Mine in May.” The ore was to be delivered at the…
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