Howard v. Miner
Supreme Judicial Court of Maine
Exceptions from the Eastern District Court, Allen J. presiding. Assumpsit upon a contract in the following terms. “ Dutton, Oct. 3, 1836. For value received we jointly and severally agree to pay Amasa Howard, or order, five hundred bushels of good hard wood coal, to be delivered at his shop in Bangor, on or before the first day of January next. “ Allen Miner, “ Lyman Miner, “ David P. Clark.”
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Exceptions from the Eastern District Court, Allen J. presiding. Assumpsit upon a contract in the following terms. “ Dutton, Oct. 3, 1836. For value received we jointly and severally agree to pay Amasa Howard, or order, five hundred bushels of good hard wood coal, to be delivered at his shop in Bangor, on or before the first day of January next. “ Allen Miner, “ Lyman Miner, “ David P. Clark.” The declaration alleged, that when - the note became due, the plaintiff was at his shop in Bangor, ready to have received the coal, and also at any day previous to that time. The plaintiff offered no…
1Opinion of the Court
*330The opinion of the Court was drawn up by
Shepley J.
On a contract for the delivery of specific articles, which are ponderous or cumbrous, when it is not designated in the contract, and there is nothing in the condition and situation of the parties to determine the place of delivery, it is the privthege of the creditor to name a reasonable and suitable one. And if the debtor be desirous of paying, he should request the creditor to appoint it, or deliver to him in person at a proper place. Yet he is not obliged to follow him out of the State or country to'do this. A reasonable effort to ascertain…
2Cases cited1 opinion
- Slingerland v. MorseNew York Supreme Court · 1811
3Cited by3 opinions
- Paget v. ParkSupreme Court of Minnesota · 1892
- Phillips v. CooleySupreme Court of Iowa · 1850
- Wiggin v. WigginSupreme Court of New Hampshire · 1862