Legal Opinion

Troy Laundry MacHinery Co. v. Dolph

Supreme Court of the United States

Decided March 2, 1891No. 149PublishedCited by 10 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF NEW YORK. In 1882 the parties hereto entered into the following contract: “This agreement made this third day of January, 1882, between A. M. Dolph, of Cincinnati, O., of the first part, and the Troy Laundry Machinery Company, Limited, of Troy, „N.Y., party of the second part, witnesseth: “ 1st. That the said A. M. Dolph, party of the first part, in consideration of the covenants hereinafter named,…

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF NEW YORK. In 1882 the parties hereto entered into the following contract: “This agreement made this third day of January, 1882, between A. M. Dolph, of Cincinnati, O., of the first part, and the Troy Laundry Machinery Company, Limited, of Troy, „N.Y., party of the second part, witnesseth: “ 1st. That the said A. M. Dolph, party of the first part, in consideration of the covenants hereinafter named, made, and to be kept, shall furnish, crated or packed for shipment, delivered at depot in Cincinnati, 0., to the order…

1Opinion of the CourtJustice Brewer

The defendant kept this contract for a year' and then repudiated its obligations. The excuse made in its correspondence and alleged in its answer was, that the parol agreement between the': parties, an. agreement authorized by the directors of the defendant company, was a three years’ contract; that the contract prepared .by plaintiff was for five years; and that through inadvertence and mistake the contract thus prepared was signed by the officers of the defendant company. A change in the written, agreement from five years to three was demanded and refused. As no' testimony was offered to…

2Cited by10 opinions

  1. United States v. Addyston Pipe & Steel Co.Court of Appeals for the Sixth Circuit · 1898
  2. John Hetherington & Sons, Ltd. v. William Firth Co.Massachusetts Supreme Judicial Court · 1911
  3. John Hetherington & Sons, Ltd. v. William Firth Co.Massachusetts Supreme Judicial Court · 1912
  4. Pressed Steel Car Co. v. Union Pac. R.Court of Appeals for the Second Circuit · 1920
  5. Crichfield v. JuliaCourt of Appeals for the Second Circuit · 1906

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