Dingley v. Oler
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MAINE. This was an action of assumpsit brought by Dingley Brothers in the Superior Court of the County of Kennebec, in Maine-, against W. M. Oler & Co., of Baltimore, to recover damages for the alleged breach of an agreement, whereby, it was averred, the defendants undertook and promised, in consideration of 3245tVo- tons of ice delivered to them by the plaintiffs in 1879, to return and deliver to the…
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MAINE. This was an action of assumpsit brought by Dingley Brothers in the Superior Court of the County of Kennebec, in Maine-, against W. M. Oler & Co., of Baltimore, to recover damages for the alleged breach of an agreement, whereby, it was averred, the defendants undertook and promised, in consideration of 3245tVo- tons of ice delivered to them by the plaintiffs in 1879, to return and deliver to the plaintiffs the same quantity of ice from the defendants’ ice-houses in the year 1880. The case was removed by the defendants…
1Opinion of the CourtJustice Matthews
We agree in opinion-with the Circuit Court that, according to the terms of the contract, the defendants had the option of delivering the ice contracted for at any time during the whole shipping season of 1880, giving to the. plaintiffs reasonable notice of the time when fixed, and an opportunity to prepare for receiving and taking it away from the defendants’ houses. The language of the contract was that the defendants .were to “ return the same (the ice) to you next year from our houses.” Next year, it is not denied, means the shipping season of 1880, during which navigation was open, and in…
2Cases cited9 opinions
- Smoot's CaseSupreme Court of the United States · 1873
- Daniels v. NewtonMassachusetts Supreme Judicial Court · 1874
- Burtis v. . ThompsonNew York Court of Appeals · 1870
- Dugan v. AndersonCourt of Appeals of Maryland · 1872
- Holloway v. GriffithSupreme Court of Iowa · 1871
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3Cited by138 opinions
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- Lake Shore & Michigan Southern Railway Co. v. RichardsIllinois Supreme Court · 1894
- New York Life Insurance v. ViglasSupreme Court of the United States · 1936
- Pierce v. Tennessee Coal, Iron & RailroadSupreme Court of the United States · 1899
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