Roland v. Reading School District

Citations

• 161 Pa. 106
• 28 A. 1007
• 1894 Pa. LEXIS 642

Syllabus

<p>Contract — Text-books for school district.</p> <p>Plaintiff entered into a written contract to furnish to a school district text-books of a certain kind at a fixed price per volume. The contract contained the following stipulation: “ It is understood and agreed by and between the parties hereto that in case an additional number of any of the books set out in the foregoing list are required by the said party of the second part during the current school year commencing September 1, 1892, and ending June 80, 1898, said party of the first part is to furnish the same at such time and place as may be designated by said party of the second part.” Prior to the making of the contract, plaintiff wrote to the school board saying: “ We wish most respectfully to remind you that our price on any books not called for in your bid will be supplied at cost.” During the year plaintiff furnished to the district books of a kind not embraced in the contract. Held, that it was proper to leave to the jury the question whether plaintiff had undertaken in any manner to furnish the books of a different kind than those specified in the contract, at a particular price.</p>