Susquehanna Roofing Manufacturing Co. v. American Tin & Terne Plate Co.

Citations

• 37 Pa. Super. 427
• 1908 Pa. Super. LEXIS 300

Syllabus

<p>Contract — Sale—Construction of agreement.</p> <p>In an action of assumpsit it appeared that the defendant sent to • plaintiff a written order for 1,000 tons of tarred felt of various kinds, the amount of each variety not being given, “to be taken during the year 1905.” Some deliveries were made in pursuance of orders from the defendant. Near the end of the year and before a considerable portion of the tonnage had been ordered by defendant, plaintiff's factory was burned. This fact was at once communicated to defendant with notice that plaintiff would be in a position to fill orders within about six weeks. Defendant thereupon wrote to plaintiff inquiring whether the residue of tonnage should be called at once, or whether orders for it should be held back until plaintiff was again in a position to make prompt shipments. To this inquiry plaintiff made no reply, and the defendant let the year 1905 end without any further shipments. Held, that the defendant had no right to demand any shipments after the year 1905 had expired.</p>