J. C. Smith & Wallace Co. v. Lunger
Supreme Court of New Jersey
Oil error: This action on coritfcact was brought to recover damages •from the defendant for failure to accept and pay for one hun-dred and fifty barrels of “Columbia” flour, purchased by him from the plaintiff. The contract of purchase was in writing and signed by the parties. It was made May 9th, 1898, and it'was therein'expressed that the-flour was to be .■shipped “ at once.”-
1Opinion of the Court
The opinion of the court was delivered by
Magie, Chancellor.
The assignments of error most •relied on by the defendant were directed to the admission of testimony in the trial of the cause, offered to prove that the usage of'.the flour trade has given to the words “at once,” as used, in the contract of purchase, a peculiar meaning, and also what such meaning is.
The bills of exception show that the defendant had frequently before purchased from the plaintiff “ Columbia ” flour, .and that such flour is manufactured by the Consolidated Milling-Company of Minneapolis and by no others, and that the *541s…
2Cases cited1 opinion
- City of Camden v. VarneySupreme Court of New Jersey · 1899
3Cited by9 opinions
- Georgia Agricultural Works v. PriceCourt of Appeals of Georgia · 1912
- Terminal Const. Corp. v. Bergen, Etc., AuthorityNew Jersey Superior Court Appellate Division · 1954
- Bowser v. AtkinsonMissouri Court of Appeals · 1912
- Cormier v. Martin Lumber Co.Washington Supreme Court · 1917
- Grueber Engineering Co. v. WaldronSupreme Court of New Jersey · 1905
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