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· 3/28/1892

Lucas Coal Co. v. Delaware & Hudson Canal Co.

Citations

  • 148 Pa. 227
  • 23 A. 990
  • 1892 Pa. LEXIS 958

Syllabus

<p>Contract — Terms to be strictly complied with.</p> <p>Tlie contract between the parties is to be closely adhered to, and where it provides a method for determining price or value, such method must be observed.</p> <p>A contract for the sale of coal provided a method for determining the price of the coal:</p> <p>Held, that this method must be followed, and that plaintiff would not be permitted to give evidence of the market value of the coal delivered under the contract for the purpose of determining its price.</p> <p>Contract — Decision of inspector• — Fraud.</p> <p>The contract provided that the coal delivered under its terms should be subject to the inspection of the superintendent of the coal department of defendant, or such persons as he might employ for that purpose, whose decision should be final and conclusive:</p> <p>Held, that the decision of the inspector was binding upon the parties-unless, fraud be shown, which fraud must have been the result of collusion, between the defendant and inspectors.</p>

Judges: Heydbick, McCollum, Paxson, Sterrett, Williams

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