Eichelbaum v. Klaff
Supreme Court of Virginia
Error to a judgment of the Corporation Court of city of Danville, in an action of assumpsit. Judgment for defendant. Plaintiff assigns error. The opinion states the case.
1Opinion of the CourtPrentis, J.
The plaintiff in error having bought of N. Klaff, under a written contract, one thousand tons of industrial scrap iron, to be delivered in from ninety to one hundred days, and the seller having failed to make delivery, instituted his action for breach of that contract. There was a verdict and judgment for the defendant and of this the plaintiff is here complaining.
[1] The defense set up is that the plaintiff waived the clause of the contract with reference to the time of delivery, and that following such waiver the defendant was proceeding to make deliveries and was ready to complete his…
2Cases cited2 opinions
- Manufacturing Co. v. . Building Co.Supreme Court of North Carolina · 1919
- Reid v. FieldSupreme Court of Virginia · 1887
3Cited by9 opinions
- Fentress v. RutledgeCourt of Appeals of Virginia · 1924
- Shee v. London Guarantee & Accident Co.Hawaii Supreme Court · 1953
- Richmond Leather Manufacturing Co. v. FawcettSupreme Court of Virginia · 1921
- Hill v. DaySupreme Court of Kansas · 1950
- Beall v. Morgantown & Kingwood RailroadWest Virginia Supreme Court · 1937
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