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Keywords

contractplaintiffdefendanttrialcontractual obligationlevy

contractplaintiffdefendanttrialtestimonylevy

Related Cases

E.W. Bliss Co. v. United States Incandescent Gaslight Co., nan

Facts

On July 15, 1890, the plaintiff submitted an estimate for the manufacture of specified metal dies to the defendant, which was accepted on August 7, 1890. The plaintiff later received a guaranty for payment from the defendant's treasurer, Leo Levy, but the defendant raised concerns about the number of dies necessary for the burners. A subsequent agreement clarified the misunderstanding, and the plaintiff manufactured the dies as per the contract. The plaintiff completed the dies by late October 1890 and sought payment, but the defendant did not provide the necessary written order for delivery.

It thus appears that the defendant had consulted with the Brass Manufacturing Company with reference to the dies desired by it, and that they required all of the dies mentioned in the plaintiff's letter of July 15th.

Issue

The main issue was whether the evidence presented was sufficient to authorize a recovery for the plaintiff under the contract for the manufacture of dies.

The General Term appears to have reached the conclusion that the plaintiff undertook to manufacture dies from which a complete burner could be constructed, and, it appearing from the testimony that a complete burner could not be constructed from the dies enumerated, the plaintiff had failed to perform its part of the contract.

Rule

The court applied the principle that a party must perform its contractual obligations and that the terms of the contract must be interpreted in light of the parties' intentions and subsequent agreements.

It thus appears, from the testimony of the defendant's general manager, that the guaranty was furnished by the company, and it necessarily follows that it must be considered in connection with the letters constituting the contract.

Analysis

The court found that the plaintiff had indeed performed its obligations under the contract by manufacturing the specified dies. The evidence showed that the dies were made according to the samples provided by the defendant, and the misunderstanding regarding the number of dies was resolved through a subsequent agreement. The court emphasized that the plaintiff had fulfilled its duty to notify the defendant upon completion of the dies and that the defendant's failure to provide a written order for delivery did not absolve it of the obligation to pay.

It appears to us that the plaintiff performed its duty in this regard. Most of the dies were completed by October 20th or October 23d, and they were all completed by October 29th. A bill for the goods was then sent to the defendant and a letter to Levy, stating that in accordance with his guaranty it was necessary for them to have a written order to deliver the goods, and concluded with the request, ‘Kindly see that we receive the same and oblige.'

Conclusion

The court reversed the judgment of dismissal and ordered a new trial, concluding that the plaintiff was entitled to recover the contract price for the dies manufactured.

The judgment should be reversed and a new trial ordered, with costs to abide the event.

Who won?

The plaintiff, E. W. Bliss Co., prevailed in the case because the court found that it had fulfilled its contractual obligations and was entitled to payment despite the defendant's claims.

The judgment should be reversed and a new trial ordered, with costs to abide the event.

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Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc., 484 U.S. 49, 108 S.Ct. 376, 98 L.Ed.2d 306, 26 ERC 1857, 56 USLW 4017, 9 Fed.R.Serv.3d 1029, 18 Envtl. L. Rep. 20,142

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