Garfield & Proctor Coal Co. v. Pennsylvania Coal & Coke Co.
Massachusetts Supreme Judicial Court
Contract for damages incurred by reason of the alleged failure of the defendant to deliver coal to the plaintiff at the times and in the amounts required by the terms of a contract in writing between the plaintiff and the defendant dated August 13, 1902. Writ dated November 3, 1904. In the Superior Court the case was tried before Schofield, J., without a jury. The case had been referred to James D. Colt, Esquire, as auditor.
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Contract for damages incurred by reason of the alleged failure of the defendant to deliver coal to the plaintiff at the times and in the amounts required by the terms of a contract in writing between the plaintiff and the defendant dated August 13, 1902. Writ dated November 3, 1904. In the Superior Court the case was tried before Schofield, J., without a jury. The case had been referred to James D. Colt, Esquire, as auditor. At the trial the plaintiff put in evidence the report of the auditor, and rested. The defendant then introduced depositions and documents used in evidence before the…
1Opinion of the CourtSheldon, J.
We are of opinion that the contract in suit called for a shipment of twenty-five hundred tons of coal per month from September 1, 1902, to April 1, 1903. The express language of the,defendant’s agreement was that the shipments of coal were to be “ 2500 tons per month ” during that time, at a price of $2.80 per ton; and this is followed by the stipulation that the remainder of the coal should be shipped “in about equal monthly proportions ” during the remainder of the period stated, at a lower price. The contract made a clear distinction between the absolute engagement for the shipment of a…
2Cases cited22 opinions
- Globe Refining Co. v. Landa Cotton Oil Co.Supreme Court of the United States · 1903
- United States v. Bethlehem Steel Co.Supreme Court of the United States · 1907
- Pence v. LangdonSupreme Court of the United States · 1879
- Bennecke v. Insurance Co.Supreme Court of the United States · 1882
- Summers v. Hibbard, Spencer, Bartlett & Co.Illinois Supreme Court · 1894
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3Cited by25 opinions
- Sullivan v. O'CONNORMassachusetts Supreme Judicial Court · 1973
- Rizzo v. CunninghamMassachusetts Supreme Judicial Court · 1939
- Bigelow Carpet Co. v. WigginMassachusetts Supreme Judicial Court · 1911
- Nickerson v. WeldMassachusetts Supreme Judicial Court · 1910
- Jennings v. PufferMassachusetts Supreme Judicial Court · 1909
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