P. P. Emory Manufacturing Co. v. Salomon
Massachusetts Supreme Judicial Court
Contract by a corporation to recover damages sustained by reason of the failure of the defendants, copartners doing business under the name of Columbia Smelting and Refining Works, to deliver certain metals which the defendants had agreed to sell and deliver to the plaintiff at prices named.
Read the full summary
Contract by a corporation to recover damages sustained by reason of the failure of the defendants, copartners doing business under the name of Columbia Smelting and Refining Works, to deliver certain metals which the defendants had agreed to sell and deliver to the plaintiff at prices named. Writ datfed October 6, 1899. At the trial in the Superior Court, before Stevens, J., without a jury, the facts were proved as stated in the opinion of the court-, and the only question raised by the exceptions related to the measure of damages. The contract required the defendants to deliver the goods on…
1Opinion of the CourtHolmes, C. J.
This is an action of contract for a failure to sell and deliver certain metals as agreed. The contract was to ship on February 1,1899. On January 25 the defendants wrote to the plaintiff that they would not keep their contract. The plaintiff replied that it should hold them .to their bargain, and on February 2 made a further demand of performance. At the trial the contract and breach having been proved, the plaintiff asked the judge to rule that the measure of damages was the difference between the contract price and the market price on February 1. The judge refused the request, and ruled…
2Cases cited4 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Daniels v. NewtonMassachusetts Supreme Judicial Court · 1874
- Kadish v. YoungIllinois Supreme Court · 1883
- O'Brien v. BolandMassachusetts Supreme Judicial Court · 1896
3Cited by6 opinions
- Hall v. PaineMassachusetts Supreme Judicial Court · 1916
- Neal v. JeffersonMassachusetts Supreme Judicial Court · 1912
- Mills v. . McRaeSupreme Court of North Carolina · 1924
- Porter v. Supreme Council American Legion of HonorMassachusetts Supreme Judicial Court · 1903
- Tirrell v. AndersonMassachusetts Supreme Judicial Court · 1923
1 more not listed; retrieve them via the Exa API.