Samuel Freeman Miller,
Wheeler v. New Brunswick C Railroad Company…
“ Let us suppose that the price of iron had risen instead of declining during this three of four months, and the railroad company had failed to deliver, would Wheeler & Co. have lost their right of action by anything in their letters, or by the cessation of the correspondence? ”
Samuel Freeman Miller,
Wheeler v. New Brunswick C Railroad Company…
“ Damages were more than plaintiff was entitled to recover.As regards the first of these propositions, it is sufficient to say that the circuit court finds as a fact that there was a contract made. It also finds other facts which establish that proposition beyond controversy, namely, that Murchie and Wheeler, who signed and delivered the papers which constituted the written agreement, had authority to do so and to bind the parties to their action. The agreement, on its face, makes a contract. ”
Samuel Freeman Miller,
Wheeler v. New Brunswick C Railroad Company…
“ The objection to the amount of the recovery rests upon the contention of defendants that they were only bound by the contract for the October delivery to accept 200 tons, while the court held them bound for the difference in price for 600 tons. We concur with the circuit court in holding that when Wheeler & Co. say we have bought of you (the railroad company) 'from two (2) to six hundred tons for delivery in New York of New Haven between August 1st and October 1st' that they agreed to accept any amount of old rails between those limits. The company was selling old rails. ”
