New England Box Co. v. Prentiss
Supreme Court of New Hampshire
January 6, 1908, the plaintiffs’ secretary wrote the defendant Prentiss, as follows: “Mr. Baker told me recently that you were going to cutting of the Richardson lot from which we were to have the box lumber. I would like to know whether you would like to enter into a contract now, or when the lumber is on sticks, or ready to ship.
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January 6, 1908, the plaintiffs’ secretary wrote the defendant Prentiss, as follows: “Mr. Baker told me recently that you were going to cutting of the Richardson lot from which we were to have the box lumber. I would like to know whether you would like to enter into a contract now, or when the lumber is on sticks, or ready to ship. The understanding on this lot was that we were to have it at the market price; and as nothing was said as to whether it was the market price when the lot was cut or ready to ship, would like to know what your choice' would be in the matter.” Baker was the…
1Opinion of the CourtParsons, C. J.
The plaintiffs secured an injunction which prevented the defendants from selling certain pine plank to any one other than the plaintiffs. Not being permitted to sell to any other, the defendants sold the plank to the plaintiffs for $18 per thousand, with the agreement, however, that such sale should not prejudice their rights in this proceeding. If the plaintiffs paid the defendants as much as they could have obtained from others, although the injunction was improvidently issued the defendants’ damages would be merely nominal. But it is found that but for the injunction the defendants could…
2Cases cited1 opinion
- New England Box Co. v. PrentissSupreme Court of New Hampshire · 1909
3Cited by1 opinion
- Boyd v. LambertSupreme Court of Oklahoma · 1916