Goff-Kirby Coal Co. v. Marine Coal Co.

Citations

• 31 Pa. Super. 60
• 1906 Pa. Super. LEXIS 154

Syllabus

<p>Contract — Sale—Continuing contract — Custom—Course of dealing — Notice —Rescission.</p> <p>Where under a contract for the delivery of coal the deliveries and payments indicated no intention on the part of the seller to hold the purchaser to a literal compliance with the terms of the contract, the seller cannot rescind without fair notice of an intention to insist upon a literal compliance with, the terms of the contract in the future.</p>