Milford Co v. Short
Superior Court of Delaware
Action brought by the Milford Company, a corporation of the State of Delaware, against Isaac D. Short. On motion at dose of plaintiff’s testimony for nonsuit. Granted.
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Action brought by the Milford Company, a corporation of the State of Delaware, against Isaac D. Short. On motion at dose of plaintiff’s testimony for nonsuit. Granted. The action was for an alleged breach of contract, entered into between Emil P. Gebhart and the defendant for furnishing lumber by the latter to the former, for the erection of a certain building in the town of Milford, Sussex Count;?. After some deliveries of the lumber had been made to Gebhart, he assigned the contract to the plaintiff, giving Short notice of the assignment. Short made subsequent deliveries; but failing, it…
1Opinion of the Court
Boyce, J.,
delivering the opinion of the court:
[1, 2] Both on the pleadings and from the evidence, this is an action for the breach of a contract for the purchase of lumber on the part of Emil P. Gebhart and the sale and delivery thereof to Gebhart, on the part of Isaac D. Short, the defendant, for the erection of a certain building. The contract was subsequently assigned by Gebhart to the Milford Company, the plaintiff, with notice to Short. There is no proper suggestion in the declaration of a novation of the contract. The averment in the declaration is:
“ * * * On the eighteenth day of July,…
2Cases cited2 opinions
- McKinney v. AlvisIllinois Supreme Court · 1852
- Cole v. BodfishSupreme Judicial Court of Maine · 1840
3Cited by1 opinion
- Rissman v. Krenn & Dato Construction Co.Court of Chancery of Delaware · 1938