Oshinsky v. Lorraine Mfg. Co.

United States Court of Appeals, Second Circuit, 1911.

187 F. 120.

Dawson, pp. 815-816

 

Facts: On a sale of goods contract, the goods were contracted to be delivered on November 15th.They were delivered on the 16th instead.The defendant refused to accept the goods.The plaintiff sued.The defendants claimed that they didnít need to accept the goods because they didnít arrive when promised.The trial court found for the plaintiffs, arguing that the contract was ambiguous enough to admit the possibility of a one day late delivery.

 

Issue: Will the contract be enforced against the defendants?

 

Rule: The purchaser only has the duty to accept and pay for goods delivered on the day specified on the contract.

 

Analysis: The court interprets the plain meaning of the contract to be that the delivery must be made on that particular day.

 

Conclusion: The trial courtís verdict is overturned.

 

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