Mindlin v. O'Boyle

Citations

• 278 Pa. 212
• 122 A. 294
• 1923 Pa. LEXIS 501

Syllabus

<p>Contracts — Sales —Delivery—Time—Place—Breach—Measure of damages — Sales Act of May 19, 1916, P. L. 5^.8 — Coal—Statutes —Construction—Common law.</p> <p>1. Where a written contract for the sale of coal provides that “the above coal can be shipped during the months of June and July,” the time is not limited for delivery in these months.</p> <p>2. If it appears that the vendors did not offer or attempt to deliver the coal during June and July, and, although requested, never delivered it at all, a finding that the contract was breached will be sustained on appeal.</p> <p>3. Where a contract for the sale of coal, calls for delivery at the mines, and the vendors made no delivery whatever, it is at the mines and not at the place to which the vendees intended to ship the coal that its market value must be ascertained, in determining the measure of damages.</p> <p>4. In such case the Sales Act of May 19, 1915, section 67, P. L. 543, applies; such act makes no change in the rule that the market value is to be determined at the place of delivery.</p> <p>5. A statute will not be construed as changing the common law beyond what is expressly stated or necessarily implied, and in doubtful cases the presumption is that no change was intended.</p> <p>6. In all eases not provided for in the Sales Act of 1915, the rules of law and equity continue as theretofore.</p> <p>7. In a case where a country-wide value of a commodity is based on its market value in a particular city, such value, less the cost of transportation, is accepted as its market value wherever it may be; but such rule cannot be applied to a general commodity like coal.</p> <p>Appeals — Modification of decree or judgment — Measure of damages.</p> <p>8. Where, in a case tried by the court without a jury, the court errs merely in the question of the measure of damages for breach of contract and the amount thereof is contested, the appellate court may modify the judgment by vacating the assessment of damages, and remitt