Warner v. Arctic Ice Co.
Supreme Judicial Court of Maine
ON EXCEPTIONS. Assumpsit for failure to deliver ice called for by the following and one other similar contract: "James B. Drake, " Ship and Insurance Broker, " Granite Block, Front Street, "Bath, Me., Jan. 22, 1880. " Sold to J. B.. Warner, three thousand tons of ice, more or less, enough to load two ships, at $1.50 per ton, f. o. b. packed suitably for shipment to New Orleans. Said ice to be taken on or before November first, eighteen hundred and eighty.
Read the full summary
ON EXCEPTIONS. Assumpsit for failure to deliver ice called for by the following and one other similar contract: "James B. Drake, " Ship and Insurance Broker, " Granite Block, Front Street, "Bath, Me., Jan. 22, 1880. " Sold to J. B.. Warner, three thousand tons of ice, more or less, enough to load two ships, at $1.50 per ton, f. o. b. packed suitably for shipment to New Orleans. Said ice to be taken on or before November first, eighteen hundred and eighty. Frank O. Moses, Treasurer Arctic Ice Co.” " Accepted as above. J. 11. Warner, by J. B. Drake.” "In consideration of five per cent,…
1Opinion of the CourtSymonds, J.
In the trial of the present case, the court was dealing with what at its date was an executory contract for the delivery of ice at a future time; and with the question whether the defendants had broken the contract by a failure to deliver ice of the quality and in the condition required. The few sentences from the charge which are contained in the bill of exceptions show the following ruling to have been given. "Where the purchaser has no sufficient and reasonable opportunity to inspect the goods before or at the time of the sale, and there are no circumstances, such as the smallness of price…
2Cases cited3 opinions
- Swett v. ShumwayMassachusetts Supreme Judicial Court · 1869
- Merriam v. FieldWisconsin Supreme Court · 1876
- Harris Bros. v. WaiteSupreme Court of Vermont · 1879
3Cited by5 opinions
- Furry's Admr. v. General Accident InsuranceSupreme Court of Vermont · 1908
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. KnoxIndiana Supreme Court · 1912
- Martin's Fork Coal Co. v. Harlan-Wallins Coal Corp.District Court, E.D. Kentucky · 1934
- Rinelli v. RubinoIndiana Court of Appeals · 1918
- Adolph Goldmark & Sons v. Simon Bros.Nebraska Supreme Court · 1923