Associated Rolling Mills, Ltd. v. National Metal Stamping & Manufacturing Co.
Associated Rolling Mills, Ltd. v. National Metal Stamping & Manufacturing Co.
Opinion of the Court
In view of the elaborate argument made in behalf of the appellant, we think it well to add to what was said by the Supreme Court. The stress of appellant’s argument is upon the idea that it was not in contemplation of the parties at the time of the contract that the plaintiff would have the articles called for made by other manufacturers and thus secure the advantage of their cheaper methods. The appellant seems to think that the plaintiff was bound to manufacture the articles itself- though it might cost more than they were to receive from the defendants. The appeljant must have been" extraordinarily ignorant of human nature if it did not in fact contemplate that the plaintiff would seek the cheapest possible way of fulfilling its contract. If it did not contemplate that, it must be held bound in law to contemplate that the plaintiff would pursue the course usual with prudent business men, which comes to the same thing. These views dispose of many of the grounds of appeal.
The motions to nonsuit and to direct a. verdict could not prevail. Some goods were delivered for which plaintiff might properly ask for a verdict, and there was evidence of a breach by the defendant for which the plaintiff might properly ask damages.
The judgment is affirmed, with costs.
For .affirmance—Swayze, Trenoi-iard, Parker, Bergen, Kalisoi-i, White, PIeppenheimer,- Williams, Gardner, Ackerson, JJ. 10.
For reversal—None.
Reference
- Full Case Name
- ASSOCIATED ROLLING MILLS, LIMITED v. NATIONAL METAL STAMPING AND MANUFACTURING COMPANY
- Status
- Published