38 S.E. 141 (Va. 1901), Richmond Ice Co. v. Crystal Ice Co

Citation:38 S.E. 141, 99 Va. 285
Opinion Judge:Buchanan, J.
Party Name:Richmond Ice Co. v. Crystal Ice Co
Attorney:S. S. P. Patteson, for the plaintiff in error. Leake & Carter, for the defendant in error.
Judge Panel:Absent, Whittle, J. [*]
Case Date:March 14, 1901
Court:Supreme Court of Virginia
 
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Page 141

38 S.E. 141 (Va. 1901)

99 Va. 285

Richmond Ice Co.

v.

Crystal Ice Co

Supreme Court of Virginia

March 14, 1901

Error to a judgment of the Law and Equity Court of the City of Richmond, rendered July 9, 1900, in action of assumpsit, wherein the plaintiff in error was the plaintiff, and the defendant in error was the defendant.

Reversed.

SYLLABUS

The opinion states the case.

S. S. P. Patteson, for the plaintiff in error.

Leake & Carter, for the defendant in error.

Absent, Whittle, J. [*]

OPINION

Buchanan, J.

[99 Va. 286] Both the demand asserted by the plaintiff in his declaration and the set-off filed by the defendant arise out of alleged breaches of an agreement in writing between the parties, which is as follows:

"These articles of agreement entered into this 1st day of December, 1898, by and between the Crystal Ice Company, a corporation of the State of Virginia, party of the first part, and the Richmond Ice Company, a corporation of the State of Virginia, party of the second part,

"Witnesseth, that the said parties hereto have mutually agreed and covenanted, and hereby do mutually agree and covenant with and to each other in manner following, to-wit:

"First. That said party of the first part, for the considerations hereinafter mentioned will, from year to year, for the period of

Page 142

four years from date, that is to say, till November 30, 1902, furnish the said party of the second part, to be sold by it to the Mutual Ice Delivery Company, six thousand (6,000) tons of ice per annum, on the following terms and conditions:

"Said ice to be delivered at the platform of said party of the first part to the wagons of the Mutual Ice Delivery Company for account of the party of the second part. The price to be paid said party of the first part is two dollars and thirty cents ($ 2.30) per ton of two thousand pounds. Payment is to be made to the party of the first part by the Mutual Ice Delivery Company on the 15th of each month, for all ice furnished under this [99 Va. 287] agreement during the previous calendar month in a manner similar to that adopted in settling with the Rosenegk Brewing Company for ice furnished by it for account of Mrs. Jane King; that is to say, the Mutual Ice Delivery Company is to pay the party of the first part on the 15th of each month two dollars and thirty cents ($ 2.30) per ton for all ice furnished it during the previous month on account of the party of the second part, and is to pay the party of the second part the difference between the price of two dollars and thirty cents ($ 2.30) per ton, and the price at which the party...

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