Dwight v. Eckert
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS NO. 4 OE PUTT, A - DELPHIA COUNTY. Nos. 82, 83 January Term 1886, Sup. Ct.; court below, No. 417 December Term 1881, No. 212 September Term 1880, respectively, C. P. On September 28, 1880, to No. 212 referred to, Isaac S. Waterman, trading as Waterman & Co., brought assumpsit against Henry S. Eckert to recover $45,834, with interest, being the balance due on account of steel blooms sold and delivered by tbe plaintiff to the defendant.
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ERROR TO THE COURT OE COMMON PLEAS NO. 4 OE PUTT, A - DELPHIA COUNTY. Nos. 82, 83 January Term 1886, Sup. Ct.; court below, No. 417 December Term 1881, No. 212 September Term 1880, respectively, C. P. On September 28, 1880, to No. 212 referred to, Isaac S. Waterman, trading as Waterman & Co., brought assumpsit against Henry S. Eckert to recover $45,834, with interest, being the balance due on account of steel blooms sold and delivered by tbe plaintiff to the defendant. The pleas were non-assnmpsit, payment and payment with leave. On December 31, 1881, to No. 417 referred to, Henry S. Eckert…
1Opinion of the Court
Number 83.
Opinion,
Me. Justice Claek:
Upon which of the parties to what has been termed the “sold note” of January 15, 1880, rested the obligation to act first ? It is a well established principle of the law, that in a contract for sale and delivery of goods, “ free on board ” vessel, the seller is under no obligation to act, until the buyer names the ship to which the delivery is to be made; for until he knows that, the seller could not put the goods on board: Armitage v. Insole, 12 Q. B. 728; Wackerbarth v. Masson, 3 Camp. 272; Sutherland v. Atkinson, 14 L. T., N. S., 666.; Walton v. Black, 5…
2Cases cited2 opinions
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