Portland Ice Co. v. Connor
Superior Court of Pennsylvania
Appeal, No. 248, Oct. 1905,, by plaintiff, from .judgment of C. E. No. 1, Phila. Co., Sept. T., 1908, No. , upon certificate for defendant in case of Portland Ice Company v. Edward Connor, trading as Friendship Ice Company: Assumpsit for ice sold and delivered.
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Appeal, No. 248, Oct. 1905,, by plaintiff, from .judgment of C. E. No. 1, Phila. Co., Sept. T., 1908, No. , upon certificate for defendant in case of Portland Ice Company v. Edward Connor, trading as Friendship Ice Company: Assumpsit for ice sold and delivered. Before Brégy, J. The facts are stated in the opinion of the Superior Court. • .At the trial the defendant made the following offer: Mr. Conlen, I now offer to prove the damages sustained by defendant because of the recission of the contract on the part of the plaintiff. Objected to.- , The Court: We all recognize the important point in…
1Opinion of the Court
Opinion by
Head, J.,
The provision in the contract between the parties that payments for ice shipped were to be made weekly upon presentation of bills for the same, had been permitted, by mutual consent, to become and remain a dead letter for more than a year after the contract was made, and for some months after it had been modified in March, 1903. The plaintiff did not present its bills weekly or at regular intervals and the defendant, apparently, paid on account, from time to time, as his convenience or necessity permitted. The contract itself, as to the times of payment was never either…
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- Porter v. PattersonSupreme Court of Pennsylvania · 1851
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