Merrimack Manufacturing Co. v. Quintard
Massachusetts Supreme Judicial Court
Contract to recover damages for breach of an agreement, dated February 29,1870, between the defendants, as parties of the first part, and the plaintiffs, as parties of the second part, the provisions of which were as follows : “ The parties of the first part agree to sell the parties of the second part 14,000 tons of the Preston & Gilberton Locust Mountain coal, deliverable from April 1 to September 1, current year, on board vessels at Philadelphia, in equal monthly…
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Contract to recover damages for breach of an agreement, dated February 29,1870, between the defendants, as parties of the first part, and the plaintiffs, as parties of the second part, the provisions of which were as follows : “ The parties of the first part agree to sell the parties of the second part 14,000 tons of the Preston & Gilberton Locust Mountain coal, deliverable from April 1 to September 1, current year, on board vessels at Philadelphia, in equal monthly proportions, as nearly as may be, at the price of $3.50 per ton of 2240 pounds, free on board, payable in cash. If the parties…
1Opinion of the CourtColt, J.
The plaintiffs claim damages both on account of the inferior quality of the coal delivered, and the failure to deliver within the time named in the contract. The defendants insist that both claims were waived. As to the first, there was evidence that the quality of the coal was objected to within a reasonable time after its receipt. And as to the second, there was evidence of an oral arrangement for delivery after the expiration of the time named in the contract, upon which the judge was asked to rule as matter of law. But the arrangement was a matter upon which the evidence was conflicting,…
2Cited by11 opinions
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Hanson & Parker, Ltd. v. WittenbergMassachusetts Supreme Judicial Court · 1910
- C. W. Hunt Co. v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Garfield & Proctor Coal Co. v. Pennsylvania Coal & Coke Co.Massachusetts Supreme Judicial Court · 1908
- Bamberger Bros. v. BurrowsSupreme Court of Iowa · 1910
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