Ridgeway Dynamo & Engine Co. v. Pennsylvania Cement Co.

Citations

• 221 Pa. 160
• 70 A. 557
• 1908 Pa. LEXIS 457

Syllabus

<p>Contract — Sale—Breach of contract — Unmarketable article.</p> <p>Where a purchaser refuses to accept an article which was specially manufactured for him, and which has no markét in which it can readily be sold, the measure of damages for the breach is the difference between what it would cost to make and deliver the article, and the price which the purchaser agreed to pay for it.</p> <p>Contract — Contemporaneous oral agreement — Inconsistent agreement■ — ■ Evidence.</p> <p>A contemporaneous oral agreement alleged to have been made at the time of the execution of the original agreement, cannot be shown, where the oral agreement was inconsistent with the terms of the written agreement, and this is particularly so where the written agreement expressly stipulates that “all previous communications between said parties either verbal or written, contrary to the provisions hereof, are hereby withdrawn and annulled; and no modification of this agreement shall be binding upon, the parties hereto, or either of them unless such modification shall be in writing.</p>