International Minerals & Metals Corp. v. Weinstein

The only assignment of error brought forward and argued in the appellants’ brief is based upon their exceptions to the failure of the court below to sustain their motion for judgment as of nonsuit.

The defendants contend that the “supplemental oral agreement” left the delivery date indefinite, and converted the original contract into one for the purchase and sale of materials at a stated price, delivery to be made at the convenience of the seller. We do not concur in this view.

We construe the supplemental oral agreement to do nothing more than to extend the time of delivery temporarily and to…