American Steel Foundries v. Metal Products Co.

Citations

• 74 Pa. Super. 505
• 1920 Pa. Super. LEXIS 183

Syllabus

<p>Bales — -Contracts—Rescission by vendee — Refusal to accept rescission by vendor — Entire contract — Delivery—Duty of vendor.</p> <p>In an action on a contract for the manufacture of steel castings and the delivery thereof at a certain designated point, the contract being entire, the plaintiff cannot recover unless he not only makes the castings, but also delivers them at tbe place mentioned in tbe contract. Where tbe contract is entire, before any recovery can be bad, tbe plaintiff must prove that be performed, or was ready to perform, bis part of the agreement. Where tbe rescission of tbe defendant has been refused by tbe plaintiff tbe latter, in order to bold the defendant, must strictly comply with tbe provisions of tbe contract.</p> <p>Steiner v. Turner, 45 Pa. Superior Ct., distinguished.</p>