Puritan Coke Co. v. Clark
Supreme Court of Pennsylvania
Appeal, No. 66, Oet. T., 1902, by defendants, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1899, No. 470, on verdict for plaintiff in case of Puritan Coke Company v. John M. Clark and Charles S. Guthrie, trading as Naylor & Company. Assumpsit for breach of contract of sale. Before Evans, J. The facts appear by the Supreme Court.
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Appeal, No. 66, Oet. T., 1902, by defendants, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1899, No. 470, on verdict for plaintiff in case of Puritan Coke Company v. John M. Clark and Charles S. Guthrie, trading as Naylor & Company. Assumpsit for breach of contract of sale. Before Evans, J. The facts appear by the Supreme Court. The court charged in part as follows: Under ordinary circumstances, where there is a breach of contract for the sale and delivery of personal propert}r, the measure of damages is the difference between the market price at the time of the breach of the…
1Opinion of the Court
Opinion by
Mb. Justice Dean,
In September, 1897, plaintiff and defendant made the following contract:
“ Puritan Coke Company, Pittsburg, Pa., agree to sell and Messrs. Naylor & Company, Pittsburg, Pa., agree to buy forty-five thousand (45,000) tons of 2,000 pounds Pennsylvania Railroad weights, Puritan-Connelsville coke suitable for making Bessemer pig iron.
“ Time of delivery: 300 tons per day or 7,500 tons per month for the first six months of 1898.
“ Price: f 1.50 per tons of 2,000 pounds, f. o. b. cars Baggaley Pa., Southwestern Pennsylvania Railroad.
“ Terms: Monthly settlements in cash on the…
2Cases cited5 opinions
- Hinckley v. Pittsburgh Bessemer Steel Co.Supreme Court of the United States · 1887
- Ballentine v. RobinsonSupreme Court of Pennsylvania · 1863
- Morris v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1896
- Imperial Coal Co. v. Port Royal Coal Co.Supreme Court of Pennsylvania · 1890
- Gallagher v. WhitneySupreme Court of Pennsylvania · 1892
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