Hadley Dean Plate Glass Co. v. Highland Glass Co.

Citations

• 143 F. 242
• 74 C.C.A. 462
• 1906 U.S. App. LEXIS 3729

Syllabus

<p>1. Sale—Contract to Manufacture and Deliver Goods—“More or Less” as Qualifying Statement of Quantity.</p> <p>Where, in a contract for the manufacture and delivery of goods, the statement of quantity is qualified by the words “more or less,” these, unless supplemented by language giving them a broader scope, apply only to such accidental or immaterial variations in quantity as would naturally occur in connection with such a transaction.</p> <p>[Ed. Note.—For eases in pointy see vol. 43, Cent. Dig. Sales, § 191.</p> <p>Contracts for sales of things to be produced or manufactured, see note to Star Brewery Co. v. Horst, 58 C. C. A. 363.]</p> <p>2. Damages—Contract—Breach by Vendee—Measure of Damages.</p> <p>Where a contract for the manufacture and delivery of goods is repudiated by the vendee before the goods are manufactured, the measure of the vendor’s damages is the difference between the cost of manufacture and delivery and the. contract price.</p> <p>[Ed. Note.—For cases in point, see vol. 43, Cent Dig. Sales, § 1106.]</p> <p>3. Monopolies—Combination in Restraint of Trade—Missouri Statute is Without Application to Interstate Commerce.</p> <p>The anti-trust statute of Missouri (Rev. St. Mo. 1899, §§ 8965-8970) can have no application to a contract for the sale -of goods to be manufactured by the vendor in another state and delivered to the vendee in Missouri, because such a contract directly relates to Interstate Commerce, the regulation of which is within the exclusive authority of Congress.</p> <p>4. Same—Sherman Anti-Trust Act—Contract for Sale of Goods by Member of Combination. *</p> <p>The Act of July 2, 1890, c. 647, § 1, 26 Stat. 209 [U. S. Comp. St. 1901, p. 3200], known as the “Sherman Anti-Trust Act,” does not invalidate, or prevent a recovery for the breach of a collateral contract for the manufacture and sale of goods by a member of a combination formed for the purpose of restraining interstate trade in such goods.</p> <p>(Syllabus by the Court.)</p>