Oshinsky v. Lorraine Mfg. Co.
Oshinsky v. Lorraine Mfg. Co.
Opinion of the Court
The question presented for consideration upon this writ of error is a simple one, and the facts upon which it is raised are not involved. The action is on a contract for the manufacture and sale of goods. The complaint alleges that the goods were
"Below we hand you copy of your order for spring, 1908, which the mills have accepted, and which they will deliver, to yon * * * at the specified dates: * * * Stock: Nov. 15.”
It was conceded that several pieces of goods were delivered at dates earlier than November 15th, as specified in the contract, and that the “stock” — a term meaning the balance of the goods covered by the order — was not tendered by the plaintiff to the defendants until November 16th.
“The rule in such a case is that the purchaser is not bound to accept and pay for goods, unless the same are delivered or tendered on the day specified in the contract.
The judgment of the Circuit Court is reversed.
Reference
- Full Case Name
- OSHINSKY v. LORRAINE MFG. CO.
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- 1. Sales (§ 81*) — Contrtjction of Contract — Time for Delivery. Time is of the essence of a contract for the sale and subsequent delivery of goods on specified dates. FEd. Note. — For other cases, see Sales, Cent Dig. § 217; Dec. Dig. § 81.*] 2. Sales (§ 81*) — Construction of Contract — Time for Delivery. A contract for the sale of goods, to be delivered “at the specified dates,” followed by the specification of a date, requires the delivery on such date, and the buyer is not required to accept the goods at a later date. FEd. Note. — For other cases, see Sales, Cent. Dig. § 217; Dee. Dig. § 81.*]