Snelling v. Hall
Massachusetts Supreme Judicial Court
Contract by the plaintiff, doing business under the name of Howard Snelling & Company, against the defendants, doing business under the name of Hall, Caldwell & Company, for breach of an agreement of two parts, of which the first, signed by the plaintiff, was as follows: “ Boston, June 11, 1868. Bought of Hall, Caldwell & Company two thousand tons Freek’s Centralia broken coal, to be delivered free on board vessels at Port Richmond, Philadelphia, at three dollars and…
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Contract by the plaintiff, doing business under the name of Howard Snelling & Company, against the defendants, doing business under the name of Hall, Caldwell & Company, for breach of an agreement of two parts, of which the first, signed by the plaintiff, was as follows: “ Boston, June 11, 1868. Bought of Hall, Caldwell & Company two thousand tons Freek’s Centralia broken coal, to be delivered free on board vessels at Port Richmond, Philadelphia, at three dollars and thirty-five cents per ton. Subject to changes of tolls on Reading Railroad. Hall, Caldwell & Company guarantee that the…
1Opinion of the CourtAmes, J.
It appears to ns that the defendants were bound, by their contract, not merely to sell the coal to the plaintiff at the agreed price and to transport it to Port Richmond at their own expense, but also to deposit it on board a vessel or vessels, in order to be thence conveyed at the plaintiff’s risk and expense to Boston. It was an executory contract, looking to a future time for the delivery of the goods bought and the payment of the agreed price, and that future time was to be determined by the plaintiff at any point of time between the date of the contract and the first day of the following…
2Cited by5 opinions
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