United States Smelting Co. v. American Galvanizing Co.
District Court, E.D. Pennsylvania
At Law! Action by the United States Smelting Company against the American Galvanizing Company.
1Opinion of the Court
DICKINSON, District Judge.
The principles of law which control in this case may be thus formulated:
Where either party to a contract gives notice of his refusal to perform, the other may treat this as an anticipated breach, and bring his action, without awaiting the time of performance stipulated.
Delivery contracts, like all others, are to be performed in accordance with their found meaning.
Nondelivery under a contract to deliver and accept may constitute a breach by vendor or vendee. In a case of mere nondelivery, the breach is on the part of the party whose duty it was under the contract to…
2Cases cited6 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Hocking v. HamiltonSupreme Court of Pennsylvania · 1893
- Dwight v. EckertSupreme Court of Pennsylvania · 1888
- Kunkle v. MitchellSupreme Court of Pennsylvania · 1867
- Baltimore & L. Ry. Co. v. Steel Rail Supply Co.Court of Appeals for the Third Circuit · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Meyer v. SullivanCalifornia Court of Appeal · 1919
- Douglas Fir Exploitation & Export Co. v. ComynCourt of Appeals for the Ninth Circuit · 1922
- Mathieu v. George A. Moore & Co.District Court, N.D. California · 1925