United States v. New York Cent. Coal Co.

Citations

• 130 F. 312
• 64 C.C.A. 558
• 1904 U.S. App. LEXIS 4160

Syllabus

<p>1. Contracts — Construction—Rreach.</p> <p>Defendant agreed to furnish to the United States, during the fiscal year ending. June 30, 1902, 600 tons of bituminous coal, with 30 per cent, additional at the buyer’s option, which was subsequently exercised. On June 4, 1902, 246 tons remaining undelivered, defendant was notified to deliver the balance “as soon as practicable”; but, no coal having been delivered by 11:30 a. m. on June 27th, the buyer demanded the balance due and stated that defendant might have until 1 o’clock on that day “to decide.” The buyer’s agent returned at that hour, and was informed that defendant “was not going to deliver the coal.” Held, that the demand on June 27th should not be construed as requiring a delivery by 1 o’clock on that day, but as a demand for performance within the contract period, and hence defendant’s reply might properly be treated as a repudiation of the contract.</p>