Oakman v. Boyce
Massachusetts Supreme Judicial Court
Contract for the nondelivery of coal. At the trial in this court, before Hoar, J., it appeared that the plaintiffs were dealers in coal at Boston and Charlestown, and the defendant, a shipper of coals at Baltimore, and the owner of two mines, one called “ Franklin,” the other “ George’s Creek,” both situate in Maryland, near the line of the Baltimore and Ohio Railroad, two hundred miles or more from Baltimore; and that on Apri. 6, 1864, the plaintiffs gave to the firm of…
Read the full summary
Contract for the nondelivery of coal. At the trial in this court, before Hoar, J., it appeared that the plaintiffs were dealers in coal at Boston and Charlestown, and the defendant, a shipper of coals at Baltimore, and the owner of two mines, one called “ Franklin,” the other “ George’s Creek,” both situate in Maryland, near the line of the Baltimore and Ohio Railroad, two hundred miles or more from Baltimore; and that on Apri. 6, 1864, the plaintiffs gave to the firm of Wallace & Moody who were the defendant’s general agents at Boston, the following order, which the agents accepted : “…
1Opinion of the CourtWells, J.
This is not a contract for the delivery of five thousand tons of coal absolutely; nor one in regard to which the defence must stand upon the impossibility of performance. The plaintiffs’ order for that quantity, accepted by the defendant, was based expressly upon the terms and conditions set forth in the proposal by which the defendant offered his coal for sale. The purport and effect of this proposal are to be ascertained from the writing, aided by the evidence of the usages of the business, the situation of the parties, and the relations which the business of the defendant, as seller at the…
2Cited by12 opinions
- Whitney v. Wellesley & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Mawhinney v. Millbrook Woolen Mills, Inc.New York Court of Appeals · 1921
- Garfield & Proctor Coal Co. v. Pennsylvania Coal & Coke Co.Massachusetts Supreme Judicial Court · 1908
- Consolidation Coal Co. v. Peninsular Portland Cement Co.Court of Appeals for the Sixth Circuit · 1921
- Harrington v. HarringtonMassachusetts Supreme Judicial Court · 1871
7 more not listed; retrieve them via the Exa API.