Huth v. Jordeau
Huth v. Jordeau
Opinion of the Court
This case was heard by the court sitting without a jury. On October 6th, 1930, plaintiff and defendant entered into a contract whereby plaintiff agreed to •sell to defendant approximately fifteen thousand (15,000) pounds of beeswax, to be taken as required throughout one year from date. The price was to be thirty-six cents per pound (subject to proportionate reduction if the market price should decline). A total of twenty-seven thousand (27,000) pounds was ordered and delivered. The market price of beeswax at the date of the signing of the contract was forty-eight cents per pound. The price declined during the life of the contract, but never below the figure of thirty-six cents. On December 15th, 1930, the price had gone to forty-one cents and on March 2d, 1931, to thirty-nine cents, but the defendant continued to pay the price of thirty-six cents. Orders under date of May 25th, 1931, were delivered and billed for. The goods purchased on that date at thirty-six cents a pound amounted to twenty-seven hundred dollars ($2,700). The defendant then claimed that the contract provided that the price should always be three-fourths of the
Judgment for that amount will be awarded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.