Dwight v. Eckert
Citations
- 117 Pa. 490
- 12 A. 32
- 1888 Pa. LEXIS 439
Syllabus
<p>1. In a contract for the sale and delivery of goods “ free on board ” vessel, the seller is under no obligation to act until the buyer names the ship to which delivery is to be made; but, where, by the nature or the express provisions of the contract, either the time or the place of delivery is at the seller’s option, the seller becomes the actor, and it is his duty to give notice of the time or place of delivery before there is any obligation upon the buyer to name the vessel.</p> <p>2. The rule requiring the buyer to name the vessel is satisfied when satisfactory shipping directions have been agreed upon and the means of transportation placed in the seller’s hands; in such ease the parties are governed by the contract directions, and until these are known to have failed, no other provision or designation will be required.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that service of a claim petition can provide notice to the employer under Section 311
- recognizing that service of a claim petition can provide notice to the employer under Section 311
- date of mailing of claim petition was date from which 120 days should be calculated to determine timeliness of notice under Section 311
Source: CourtListener parenthetical corpus (CC0).
Judges: Claek, Clark, Gordon, Green, Mercur, Paxson, Sterrett, Trunkey
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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