Clevelandco v. Rhodes, ROLLING-MILL
Decision Date | 11 April 1887 |
Docket Number | ROLLING-MILL |
Citation | 30 L.Ed. 920,121 U.S. 255,7 S.Ct. 882 |
Parties | CLEVELANDCO. v. RHODES and another, Ex'x, etc. 1 |
Court | U.S. Supreme Court |
In Error to the Circuit Court of the United States for the Northern District of Illinois.
This was an action brought by Rhodes and Bradley, conpartners, and citizens of Chicago, in the state of Illinois, against the Cleveland Rolling-mill Company, a corporation of the state of Ohio, upon the following agreement in writing, signed by both parties:
Prior to January 14, 1880, the plaintiffs had made agreements in writing with the owners of the four mines for the purchase of the amounts of ore above mentioned, to be delivered by them to the plaintiffs during the season of navigation in 1880. And on January 14, 1880, the plaintiffs made an agreement in writing with the Leland Iron Company, which was the owner and manager of a furnace at Leland, in the state of Michigan, by which the plaintiffs agreed to sell to that company the same amounts of those ores, respectively, 'to be furnished, 1,500 tons in May, 1880, navigation permitting, and 2,500 tons each month thereafter, as nearly as may be, and all to be delivered to vessel before November 1, 1880, and in suitable quantities of each for the mixtures desired by said Rhodes & Bradley;' and also agreed 'to purchase the entire product of pig-iron of the Leland furnace made from the ores so furnished, at the rate of $40 per ton cash, delivered over the rail at Chicago, or $40.25 cash, at Cleveland, at the option of said Rhodes & Bradley, they to provide proper docking facilities for prompt unloading of vessels;' and the Leland Iron Company agreed 'to manufacture pig-iron from said ores as nearly as practicable of the grades which said Rhodes & Bradley shall desire, and to ship same in cargo lots as rapidly as possible after manufacture, during season of navigation, to said Rhodes & Bradley, to Chicago or Cleveland as aforesaid.'
A jury was duly waived by stipulation in writing, and the case was tried by the court, which found specially that all the above contracts were executed and delivered by the parties thereto, and further specially found as follows:
'(3) That the plaintiffs, between May 16 and October 18, 1880, delivered to the Leland Iron Company, at Leland, Mich- igan, 14,168 tons of iron ore, of which 5,980 tons were from the Cleveland mine, 4,405 tons were from the Norway mine, 1,478 tons were for the Rolling-mill mine, and 2,305 tons were from the Stephenson mine.
'(4) That the ores from the Stephenson mine and the ores from the Norway mine were alike in value and quality, and that Stephenson mine ore was equally as good and identical in quality and value with the ore from the Norway mine.
a'(5) That the Leland Iron Company proceeded, soon after such ores began to arrive at Leland, with proper diligence to manufacture said ores into pigiron, and ship the same in cargo lots, as rapidly as possible after manufacture, from Leland to Cleveland, Ohio, and there delivered the same to the defendant, and the defendant accepted and paid for the same; that before the close of navigation for the season of 1880 the Leland Iron Company had so manufactured and delivered to the defendant 3,421 tons of said pig-iron; that the defendant made no objection to the acceptance of said pig-iron on said contract between the plaintiffs and the defendant, on the ground of the quality of said iron, or of undue delay in the execution of said contract.
'(6) That the navigation between Leland and Cleveland and Chicago closed in the fall of 1880 about November 15th; that the last cargo of iron was shipped from Leland on November 8th, and, although the Leland Iron Company had enough iron manufactured to have furnished another cargo of 502 tons by November 15th, no vessel could be obtained by which to ship it that fall; that, after the close of navigation, the Leland Iron Company continued the manufacture of said ore into pig-iron without unreasonable delay,—and that after November 8, 1880, and up to and including February 28, 1881, the Leland Ireon Company had made 2,100 tons of pig-iron from said ore, and by May 7, 1881, had manufactured, and on hand ready for shipment, about 3,506 tons; that on May 7, 1881, the Leland Iron Company resumed the shipment of said iron in cargo lots to the defendant at Cleveland, and continued such manufacture and shipment in cargo...
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