Otis v. Adams
Supreme Court of New Jersey
On demurrer to declaration. This declaration contains four counts, each founded on an agreement in writing between defendants and George M. Woodward and Edwin S. Dickerson, whereby defendants agreed to sell and deliver to them in lots, from time to time, certain “ crude fish scrap,” at prices to be ascertained in the manner prescribed therein.
Read the full summary
On demurrer to declaration. This declaration contains four counts, each founded on an agreement in writing between defendants and George M. Woodward and Edwin S. Dickerson, whereby defendants agreed to sell and deliver to them in lots, from time to time, certain “ crude fish scrap,” at prices to be ascertained in the manner prescribed therein. It was further agreed that Woodward and Dickerson should have a rebate or commission of twenty-five cents a ton for all scrap so sold. It was averred in each count that the agreement had been assigned to plaintiff by Woodward and Dickerson, with all…
1Opinion of the Court
*39The opinion of the court was delivered by
Magie, J.
In support of the demurrer, it is first argued that plaintiff’s failure to pay in full for the one hundred and five tons of “scrap” delivered, justified defendants in rescinding the contract and refusing further deliveries, and there was therefore no right of action for such refusal.
It is questionable whether this objection applies to the fourth count, which does not show non-payment of the price of the scrap delivered. Assuming it to be applicable to the whole declaration, it is ineffectual. The contract set out is a continuing contract of…
2Cases cited3 opinions
- Mandeville v. WelchSupreme Court of the United States · 1820
- Welch v. MandevilleSupreme Court of the United States · 1816
- Commonwealth v. JeandellSupreme Court of Pennsylvania · 1859
3Cited by12 opinions
- Rogers v. Penobscot Mining Co.Court of Appeals for the Eighth Circuit · 1907
- Gerli v. Poidebard Silk Manufacturing Co.Supreme Court of New Jersey · 1894
- Rock Island Sash & Door Works v. Moore, Handley Hdw. Co.Supreme Court of Alabama · 1906
- Rissman v. Krenn & Dato Construction Co.Court of Chancery of Delaware · 1938
- Atlantic City v. Warren Bros.Court of Appeals for the Third Circuit · 1915
7 more not listed; retrieve them via the Exa API.