Merchants' Trust Co. v. Potter

Citations

• 24 Pa. Super. 510
• 1904 Pa. Super. LEXIS 224

Syllabus

<p>Contract — Building contract — Agreement with material men — Nondelivery— Specific order.</p> <p>Where a material man for the supplying of lime for a building operation “ agrees to begin the delivery of the said materials upon five days’ notice, and thereupon to deliver the same as rapidly as the work upon said buildings shall require without further notice,” he cannot allege as an excuse for nondelivery, and as a ground for resisting the rescission of the contract, that he did not receive formal orders in each instance for deliveries as required. Under his agreement it was his duty to inquire and ascertain how much lime would be required each day, and then to deliver it.</p>