Honesdale Ice Co. v. Lake Lodore Improvement Co.
Supreme Court of Pennsylvania
Appeal, No. 318, Jan. T., 1910, by defendant, from judgment of C. P. Wayne Co., Oct. T., 1909, No. 65, on verdict for plaintiff in case of The Hones-dale Ice Company, to use of Russell T. Whitney, v. The Lake Lodore Improvement Co. Assumpsit for breach of a contract of sale. Before Stewart, J., specially presiding.
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Appeal, No. 318, Jan. T., 1910, by defendant, from judgment of C. P. Wayne Co., Oct. T., 1909, No. 65, on verdict for plaintiff in case of The Hones-dale Ice Company, to use of Russell T. Whitney, v. The Lake Lodore Improvement Co. Assumpsit for breach of a contract of sale. Before Stewart, J., specially presiding. On February 1, 1909, the treasurer of the Honesdale Ice Company, wrote the defendant the following letter, which the defendant denied ever having received: “Honesdale, Pa., Feb. 1, 1909. “Mr. John H. Jordan, “Lake Lodore Imp. Co., “Scranton, Pa. “Dear Sir:— “This is to advise you…
1Opinion of the Court
Opinion by
Mr. Justice Pottek,
The contract between the parties in this case contained a provision, giving the defendant the right to cancel the contract, if the other party made default for a period of five days after any payment fell due. Payments were to be made not later than the tenth day of each month following the shipments, and in no event were they to be delayed longer than the tenth of October in each year. It is admitted that every monthly payment made during the year 1908 was more than five days overdue, yet they seem to have been received by the defendant without protest or…
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- Morgan v. McKeeSupreme Court of Pennsylvania · 1875
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- Morris v. SuppleeSupreme Court of Pennsylvania · 1904
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