Penn Steel Casting & Machine Co. v. Wilmington Malleable Iron Co.
Superior Court of Delaware
Action of Assumsit (No. 59, September Term, 1896), on the common counts, to recover for goods sold and delivered. Plaintiff’s claim was for 186 steel knuckles at three and three-quarter cents per pound, amounting to $348.20 with interest thereon from July first, 1895. After some correspondence and one or more meetings between their agents, on December 14, 1894, the defendant wrote the plaintiff as follows : “We accept •your price for 1000 steel knuckles at 3% cents per pound…
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Action of Assumsit (No. 59, September Term, 1896), on the common counts, to recover for goods sold and delivered. Plaintiff’s claim was for 186 steel knuckles at three and three-quarter cents per pound, amounting to $348.20 with interest thereon from July first, 1895. After some correspondence and one or more meetings between their agents, on December 14, 1894, the defendant wrote the plaintiff as follows : “We accept •your price for 1000 steel knuckles at 3% cents per pound f. o. b. Wilmington, Del., formal order to follow.’’ On December 19, 1894, the defendant sent the following order to…
1Opinion of the Court
Spruancb, J:—
As announced yesterday, the contract between these parties is evidenced by the defendant’s order of December, 19th and the plaintiff’s acceptance of the same of December 20th.
The order required “Quality and workmanship to be up to standard.” The purpose of the question is to show that the paper, shown to the witness, contains a description of the standard referred to in the defendant’s order.
The written contract makes no reference to any other paper, and no other can be incorporated into or made a part of it in the mode proposed.
As the case now stands it is to be presumed that…
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- Colvocoresses v. W. S. Wasserman Co.Superior Court of Delaware · 1938