Davis v. New England Cotton Yarn Co.
Supreme Court of New Hampshire
Assumpsit. Trial by the court. Facts found, and case transferred from the February term, 1914, of the superior court, by Branch, J. In July, 1907, the plaintiff sold a lot of lumber to the defendants, who agreed to accept delivery on the average date of September 1, 1907. After a few carloads had been shipped, the plaintiff complied with the defendants’ request to hold the remainder for a time.
Read the full summary
Assumpsit. Trial by the court. Facts found, and case transferred from the February term, 1914, of the superior court, by Branch, J. In July, 1907, the plaintiff sold a lot of lumber to the defendants, who agreed to accept delivery on the average date of September 1, 1907. After a few carloads had been shipped, the plaintiff complied with the defendants’ request to hold the remainder for a time. He frequently expressed a willingness to make deliveries in accordance with the contract, but the defendants put him off with various excuses until September, 1910, when this suit was begun. The…
1Opinion of the CourtYoung, J.
As the case is understood, the plaintiff agreed from time to time with the defendants to hold the lumber, but each of these various agreements was made in consideration of the defendants’ promise to accept it at the contract price at the expiration of a more or less definite time If that is what the case means, the rights and liabilities of the parties are the same as they would have been if none of those agreements had been made; that is, the plaintiff is entitled to recover damages for the loss he sustained because of the defendants’ refusal to accept the lumber in the fall of 1907.
By…
2Cited by4 opinions
- Johnson v. Waisman Bros.Supreme Court of New Hampshire · 1944
- Busick v. Home Owners Loan Corp.Supreme Court of New Hampshire · 1941
- Druckman v. Forsyth Furniture Lines, Inc.Court of Appeals for the Fourth Circuit · 1927
- Dufton v. Mechanicks National BankSupreme Court of New Hampshire · 1948