Canonsburg Iron Co. v. McKeever

Citations

• 1 Monag. 744
• 16 A. 97
• 1888 Pa. LEXIS 759

Syllabus

<p>In an action on the case for damages for breach of written contract, the evidence was to the following effect: A coal company offered in writing to</p> <p>furnish an iron company with what coal they would require for their works for three years, at prices named. It was stipulated that the coal company should not be held in damages for miner’s strikes, and the iron company was not to be required to receive coal when their works were out of operation. The offer was accepted. Subsequently the iron company introduced natural gas into their works and almost entirely discontinued the use of coal. Held, that there could be no recovery of damages for failure to take coal, in place of natural gas, for the operations of the works.</p> <p>Query whether, in such case, the defendant would be allowed to give parol evidence that a prior offer was made, on the same day, requiring the iron company to take sufficient coal to operate Iheir mill, that this was rejected for the reason that they did not intend to bind’ themselves to take any quantity of coal but only what they would need, of which they were to be the judges; that the agreement in suit was then drawn up with the intention of expressing this understanding, and was executed; and that, if it had not been for the modification, it would not have been executed by the iron company.</p>