Somerset Door & Column Co. v. O. M. Weber Co.

Citations

• 43 Pa. Super. 290
• 1910 Pa. Super. LEXIS 43

Syllabus

<p>Contract — Sale—Lex loci — Custom.</p> <p>Where a manufacturer is requested to quote a price and he does so f. o. b. the place of residence of the proposed customer, and six weeks thereafter the customer requests an order to be booked for a certain amount of goods at the price quoted, and the manufacturer accepts the offer, the place of the contract is fixed by the place of the acceptance; and if the contract is to be construed in the light of a trade custom, it is the custom of the place of acceptance and not of the place from which the offer is made, that will prevail. In such a case the letters f. o. b. followed by the name of the customer’s residence were intended to fix a price beyond which no charge could be made against the vendee either by shipper or carrier, and did not necessarily imply that they were to be delivered at the place mentioned as a consideration of the contract.</p>