Emerick Candy Co. v. Newton & Brother
Emerick Candy Co. v. Newton & Brother
Opinion of the Court
(After stating the foregoing facts.) The contention of the defendant in error is that the contract is an entire contract and that there has been a rescission of it, and that therefore the plaintiff was not entitled to a judgment for any amount. The evidence introduced, as shown by the record, is very meager and leaves wide room for inferences. The order given for the goods seems to have been undoubtedly accepted, and apparently there must have been an agreement as to price; as there seems to have been an understanding as to what was meant by “6^ goods.” Was there a rescission of the contract? Newton & Brother requested the candy company to discontinue shipments on the orders “ until further advised.” The candy company replied that they had the letter “ requesting cancellation/’ and that it had been done. Newton & Brother had never requested “ cancellation.” They had
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.