Hinckley v. Pittsburgh Bessemer Steel Co.

Citations

• 121 U.S. 264
• 7 S. Ct. 875
• 30 L. Ed. 967
• 1887 U.S. LEXIS 2046

Syllabus

<p>The defendant agreed, In writing, to purchase from the plaintiff rails to be rolled by the latter, “and to be drilled as may.be directed,” and to pay for them $58 per ton. He refused to give directions for drilling, and, at his request, the plaintiff delayed rolling any of the rails until after the time prescribed for their delivery, and then the defendant advised the plaintiff that he should decline to take any rails under the contract: Held,,</p> <p>-(I) T'iie defendant was liable in damages for the breach of the contract;</p> <p>(2) .,. plaintiff was not bound to roll the rails and tender them to the defendant;</p> <p>(3) The proper rule of damages was the difference' between the cost per ton of making and delivering the rails and the $58.</p> <p>It was not improper to admit evidence which was unnecessary and which could not affect the jnerits of the case, or evidence from which it appears no prejudice resulted.</p>