Humphreysville Copper Co. v. Vermont Copper Mining Co.
Supreme Court of Vermont
Assumpsit. The declaration set forth a written contract whereby the defendants promised to deliver to the plaintiffs at New Haven, Connecticut, five hundred tons of copper ore, mined from the defendants’ mines in the state of Vermont, to be delivered in good merchantable order, by the 1st day of September, 1855 ; and for which the plaintiffs agreed to pay the defendants certain specified prices per ton, according to the quality of the ore, to be ascertained by assay thereof,…
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Assumpsit. The declaration set forth a written contract whereby the defendants promised to deliver to the plaintiffs at New Haven, Connecticut, five hundred tons of copper ore, mined from the defendants’ mines in the state of Vermont, to be delivered in good merchantable order, by the 1st day of September, 1855 ; and for which the plaintiffs agreed to pay the defendants certain specified prices per ton, according to the quality of the ore, to be ascertained by assay thereof, “ the moisture to be deducted as usual from the weight of the ore.” The declaration alleged that the defendants did not…
1Opinion of the Court
Redfield, Ch. J
I. In regard to the construction of the contract, we incline to the opinion, that the provision for “ deducting the moisture,” upon the face of the contract, and according to the fair import of the terms used, must signify, that this is to be done only for the purpose of determining the amount to be paid. This seems to us to carry no implication of incongruity, such as was stated in the argument for the plaintiff.
The ore wps sold in the moist state. It was to be delivered in that state. The moisture could not be ascertained, until it was worked. The definite sum of the dry…
2Cases cited1 opinion
- Baxter v. ThompsonSupreme Court of Vermont · 1853
3Cited by7 opinions
- Rastetter v. ReynoldsIndiana Supreme Court · 1903
- Moncion v. BertrandSupreme Court of Vermont · 1925
- Emack v. HughesSupreme Court of Vermont · 1902
- Austin & McCargar v. LangloisSupreme Court of Vermont · 1909
- Winside State Bank v. LoundNebraska Supreme Court · 1897
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