Home Pattern Co. v. W. W. Mertz Co.
Supreme Court of Connecticut
Action for goods sold and delivered, and also to recover damages for breach of contract, brought to and tried by the Superior Court in Litchfield County, Greene, J.; facts found and judgment rendered for the plaintiff for $21 only, from which it appealed.
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Action for goods sold and delivered, and also to recover damages for breach of contract, brought to and tried by the Superior Court in Litchfield County, Greene, J.; facts found and judgment rendered for the plaintiff for $21 only, from which it appealed. The plaintiff, located in the city of New York, and the defendant, a Connecticut corporation located in Torrington in this State, entered into a contract in the State of New York, the essential parts of which were as follows: “In accordance with the conditions of this agreement as stated below, ship to us via N. Y., N. H. & H. R. R. freight,…
1Opinion of the CourtThayer, J.
The contract into which the plaintiff and defendant entered for the sale of certain patterns was an executory one. The finding is that it was within the contemplation of the parties that the goods to fill the orders were to be manufactured by the plaintiff. Under the contract there was to be an original delivery of goods worth $300, net stock, two years after the making of the contract; and thereafter there were to be monthly shipments of goods of an average net cost price of $20, upon standing orders, during the five years and three months of the contract. After the plaintiff had…
2Cases cited5 opinions
- Bernstein v. . MeechNew York Court of Appeals · 1891
- Kadish v. YoungIllinois Supreme Court · 1883
- Vogt v. SchienebeckWisconsin Supreme Court · 1904
- Wells v. Hartford Manilla Co.Supreme Court of Connecticut · 1903
- Illustrated Postal Card & Novelty Co. v. HoltSupreme Court of Connecticut · 1912
3Cited by26 opinions
- Kennedy v. Johns-Manville Sales CorporationSupreme Court of Connecticut · 1948
- Giambozi v. PetersSupreme Court of Connecticut · 1940
- Belisle v. Berkshire Ice Co.Supreme Court of Connecticut · 1923
- Finlay v. SwirskySupreme Court of Connecticut · 1923
- Kay Petroleum Corp. v. PiergrossiSupreme Court of Connecticut · 1951
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