Subsequently, September wrote defendants, How customer's puise order which you asked hold until further notice? To this defendants on September iith replied Our customer, order, has advised will not receive any more yarn that contract account the quality yarn which have been delivering hira.
Certainly there was nothing equivocàl online proofreading services or indeterminate about this statement. It was the positive, unconditional, and unequivocal declaration fixed purpose not perform the contract which the authorities require.
Dingley Oler, We not find in the further correspondence either in that portion which was admitted in evidence, or in the part which was excluded anything which can construedas a waiver plaintiff s right elect treat this renunciation the contract as a breach Some minor points which have been cursorily stated in the brief need not discussed at length.
There was not sufficient evidence send the cause the jury any theory an accord and satisfaction covering this claim. The testimony dissertation help online the witness Burnstine showed quite clearly that the negotiations english paraphrasing and payment relied upon make out this defense related another matter.
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As the measure damages which was applied, the court followed the rule laid down in Hinckley Pittsburgh Steel Co.. There was no conflict evidence as the items cost, nor anything in the cross-examination plaintiff's president which would have warranted the jury in rejecting his statement such items.
The following the opinion the court below WHEBLER, District Judge.
This a motion set aside a verdict directed the court The complalnant alleges that The above-named defendants homework writing services eutered Into a contract In writing wlth the plaintiff, whereby the plaintiff agreed manufacture for the defendants, at their special Instance and request, certain goods, wares, and merchandlse, consisting fifty thousand, pounds eotton yarn, and deliver the same in weekly installments four thousand, pounds each, beglnnlng August, for which these defendants agreed pay the plaintifC the siam twenty-seven cents per pound.
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And that best online writing services the best thesis writing services defendants refused permit the plaintiff proceed wlth the manufacture and delivery such goods as in said contract provided, and continued refuse permit the said plaintiff manufacture and deliver the said goods, or any part thereof.
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In their answer, aftev deniai the contract and breach, the defendants allege that for a considerable period prior October, they had been acting as commission marchants for the plaintiff, selling the plalntifC's goods, making advanees thereon, and collecting the accounts therefor. Negotiations began this telegram Levi Cotton Mills, Eutherfordton, May sell twenty-flve flfty thousand pounds thirties two-ply skein twenty-seven cents deliveries following present orders. Please wire quick anawer. They resulted in the following letter and accompanying order your telegram, and are wiring you this effect to-day.
This customer would like weekly deliveries begin earlier than August, and have the weekly amount run, pounds per week. We told htm if could possibly arrange It, deliveries would begin earlier than August, and also if the amount could Increased this should done. Sold for account Boston, We hereby request the name Customer who purchased order. Please reply promptly. Because the defendants paraphrasing sentences directions, the plaintiff did not manufacture writing my dissertation the goods. Damages for the loss buy paper online the order were proved the amount the verdict directed. The defendants offered no evidence. Upon this motion the defendants custom essay help contend that no contract for the goods bindlng the defendants was made out, and that no breach shown, if there was. The contention the defendants as liabillty in substance, that nothing but agency the defendants for the plaintiff in the transaction complained shown. The plaintiff insists that they became principals.
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