Saddlery Hardware Manufacturing Co. v. Hillsborough Mills
Supreme Court of New Hampshire
Assumpsit, for breach of contract. Verdict for the plaintiffs. March 5, 1892, the defendants agreed in writing to sell and ship bo the plaintiffs, freight prepaid, 622 blankets of different styles, at prices specified, and not to sell plaid blankets to any one •else in New York city.”
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Assumpsit, for breach of contract. Verdict for the plaintiffs. March 5, 1892, the defendants agreed in writing to sell and ship bo the plaintiffs, freight prepaid, 622 blankets of different styles, at prices specified, and not to sell plaid blankets to any one •else in New York city.” Both parties complied with the contract in all respects, except that the defendants sold plaid blankets to parties other than the plaintiffs soon after March 5, 1892. The plaintiffs offered to show by oral testimony that, prior to March 5, 1892, the plaintiffs’ agent stated to the defendants’ treasurer that, if…
1Opinion of the CourtSmith, J.
The exceptions relate to the question of damages, and the damages depend upon the construction of the contract.
There is no provision in the contract that the plaintiffs will buy or the defendants sell more blankets at the same or other prices. Whatever either party may have had in contemplation as to further purchases or sales, they came to no agreement or understanding in relation to the matter, and neither could compel the other respectively to buy or sell, nor recover damages for his refusal. The fact that two of the blankets were designated as “ sample ” indicates that the parties had in…
2Cases cited2 opinions
- Bowers v. WhittleSupreme Court of New Hampshire · 1884
- Webster v. BussSupreme Court of New Hampshire · 1881
3Cited by5 opinions
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