Eichelbaum v. Bishop

Citations

• 75 Pa. Super. 528
• 1921 Pa. Super. LEXIS 55

Syllabus

<p>Contracts — Shipments—Deliveries—Cancellation—Construction of terms.</p> <p>Such words as “as soon as,” referring to deliveries under a contract of shipment are not to be taken in all cases in their absolute sense and generally mean with resonable promptness. In construing them regard must be had to the circumstances of the particular case and the term has a relative meaning according to the thing which is to he done.</p> <p>In an action to recover for the price of a carload of scrap iron, a verdict for the plaintiff will be sustained, where the agreement called for shipment “as soon as” a permit could he received, and there was sufficient evidence that the plaintiff had complied with his agreement.</p>