Sharpsville Furnace Co. v. Snyder

Citations

• 223 Pa. 372
• 72 A. 786
• 1909 Pa. LEXIS 543

Syllabus

<p>Contract — Sale—Breach by vendee — Measure of damages — Article to be manufactured.</p> <p>1. Where a specified number of tons of standard pig iron is sold to be delivered f. o. b. in installments of a specified number of tons per month, and it appears that the iron was not to be shipped to one and the same consignee, but to different parties as the vendee should direct, and it also appears that two-thirds of the tonnage delivered f. o. b. had been preceded by shipping directions given by the vendee to the vendor, the vendee cannot set up as a defense for a breach of the contract that the vendor had not delivered the remainder of the iron, if it appears that the vendor had repeatedly requested shipping directions, but had failed to receive them.</p> <p>2. A contract for the sale of ordinary standard bessemer pig iron which is not as yet manufactured, and is to be delivered in installments, is an executory contract; and there is nothing in such a contract to take it out of the general rule that for a breach of contract for the sale of personal chattels, yet to be manufactured, the vendor is entitled to recover the difference between the selling price and the market value at the time and place of the delivery of the chattels.</p>