Delaware Reports Volume 20

Delaware Reports Volume 20

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ...deliver to him the tomatoes as therein provided. In this suit the plaintifi' seeks to recover from the defendant damages for said breach, that is, for the non-delivery of the tomatoes according to the terms and provisions of the contract existing between them. The defendant, while admitting the execution and delivery of the agreement, insists that he committed no breach thereof, but complied with its requirements until the plaintiff himself violated the agreement in such a manner as to justify the defendant in rescinding the contract and discontinuing the further delivery of tomatoes. This contention of the defendant makes it necessary for us to charge you briefly upon the law respecting the rescission of contracts, and particularly what acts, words and conduct of one party will constitute in law a repudiation of the agreement which will warrant the other party in rescinding the same. The law upon this subject was clearly laid down by the Supreme Court of the State in the case of Johnson Forge Company CHARGE. vs. Leonard and Oampany, 1 Pe'nnewill's Delaware Reports, 104, after a very careful and thorough examination of the authorities in this country and in England. In that case the default alleged as the reason or excuse for rescinding the contract was the failure of the buyer to make a certain payment as stipulated by the agreement; and the Court said: "While it is quite impossible to lay down any absolute rule for guidance in all cases of this character under the varying facts and circumstances of the particular case, yet in our opinion the rule that will best promote the important commercial interests involved in contracts of this nature and one that will work out the most beneficial results in accordance with reason...
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Product details

  • Paperback | 256 pages
  • 189 x 246 x 14mm | 463g
  • United States
  • English
  • black & white illustrations
  • 123695257X
  • 9781236952578