Goff-Kirby Coal Co. v. Marine Coal Co.
Superior Court of Pennsylvania
Appeal, No. 133, April T., 1906, by defendant, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1904, No. 189, on verdict in case of Goff-Kirby Coal Company v. Marine Coal Company. . Assumpsit for breach of contract to deliver coal. Before Kennedy, P. J. At the trial it appeared that the contract between the parties was as follows: “ Marine Coal Company. “ Room 307 Westinghouse Building, “ Pittsburg, Pa., Oct. 13th, 1902. “ The Goee-Kirby Coal Co., “ Cleveland, Ohio.
Read the full summary
Appeal, No. 133, April T., 1906, by defendant, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1904, No. 189, on verdict in case of Goff-Kirby Coal Company v. Marine Coal Company. . Assumpsit for breach of contract to deliver coal. Before Kennedy, P. J. At the trial it appeared that the contract between the parties was as follows: “ Marine Coal Company. “ Room 307 Westinghouse Building, “ Pittsburg, Pa., Oct. 13th, 1902. “ The Goee-Kirby Coal Co., “ Cleveland, Ohio. “ Gentlemen : “ We hereby agree to ship 50 cars of f coal on your orders from our Marine Mines at 12.00 per net ton on…
1Opinion of the Court
Opinion by
Henderson, J.,
The course of dealing of the parties shows clearly that they did not interpret their contract of October 13, 1902, to impose on the plaintiff the obligation to send orders for coal daily and to make payment for coal delivered on the twentieth of each month in compliance with an alleged custom. The quantity contracted for was fifty cars. Between October 13, and the 1st of the following December, twenty-four cars were ordered at various times and shipped. On the latter date the defendant wrote to the plaintiff that all orders received had been shipped, that twenty-six…
2Cases cited4 opinions
- Forsyth v. North American Oil Co.Supreme Court of Pennsylvania · 1866
- Hazleton Coal Co. v. Buck Mountain Coal Co.Supreme Court of Pennsylvania · 1868
- Portland Ice Co. v. ConnorSuperior Court of Pennsylvania · 1904
- Price v. BeachSuperior Court of Pennsylvania · 1902
3Cited by4 opinions
- Warren Tank Car Co. v. DodsonSupreme Court of Pennsylvania · 1938
- Riddle Co. v. TaubelSupreme Court of Pennsylvania · 1923
- Bounomo v. United Distiller's Co.Superior Court of Pennsylvania · 1921
- Abel v. M. H. Pickering Co.Superior Court of Pennsylvania · 1914