Cooper v. Schlesinger

• Decision Date: 31 March 1884
• Citation: 28 L.Ed. 382,111 U.S. 148,4 S.Ct. 360
• Parties: COOPER and another v. SCHLESINGER and others
• Court: U.S. Supreme Court

111 U.S. 148

4 S.Ct. 360

28 L.Ed. 382

COOPER and another v. SCHLESINGER and others.

March 31, 1884.

A. G. Riddle and Henry E. Davis, for plaintiffs in error.

H. L. Terrell, for defendants in error.

BLATCHFORD, J.

This is an action at law brought in the circuit court of the United States for the Northern district of Ohio, by the defendants in error, trading as Naylor & Co., against the plaintiffs in error, trading as George Cooper & Co. The suit was brought to recover the sum of $570.56, with interest from March 5, 1877, for goods sold, part of which was a quantity of star spring steel. Cooper & Co. set up, in their answer to the petition, as a defense, counter-claim, and set-off, that the star spring steel was delivered under a contract between the parties, made in March, 1876, whereby Naylor & Co. agreed to sell to Cooper & Co. 300 tons of said steel at 5 5/8 cents per pound, the same to be delivered on Cooper & Co.'s order, at various times in the future; that Naylor & Co. were steel makers, and Cooper & Co. were steel carriage-spring makers; that the latter had been for a long time using the star spring steel made by the former; that a change from the use thereof involved expense and delay, and Cooper & Co. could not compete with others in the business, unless they could purchase the steel at as low a price as others in the business could; that Naylor & Co. knew all this, and the contract was made with reference thereto; that, in order to induce Cooper & Co. to purchase the 300 tons of steel, Naylor & Co., by their agent, falsely and fraudulently represented to Cooper & Co. that the condition of their furnaces and business was such that they could not make and sell during 1876, exclusively of the amounts already ordered by their customers, more than 600 tons of such steel, including the 300 tons which they then requested Cooper & Co. to purchase, and such that they could not make or sell during 1876, exclusively of the amounts already ordered by their customers, more than 300 tons of such steel to makers of carriage springs, to-wit, the 300 tons which they then requested Cooper & Co. to purchase, and which the latter then did so agree to purchase; that it was a part of of the contract, and Naylor & Co. agreed, that they would not make and sell during 1876, exclusively of the amount already ordered by their customers, more than 600 tons of such steel, including the amount so contracted to be sold to Cooper & Co., and would not make and sell during 1876, exclusively of the amounts already ordered by their customers, any star spring steel to makers of carriage springs; that each and all of said representations were false, fraudulent, and untrue, and that Naylor & Co. and said agent made the same knowing them to be false, fraudulent, and untrue, and for the purpose and with the intent of inducing Cooper & Co. to make said contract and purchase said 300 tons of steel at a price in excess of the then and future market price of such steel; that Cooper & Co. believed and relied upon said representations, and in such belief and reliance entered into said contract; that said price was in excess of the then price of steel, and so continued to be during the whole time of the delivery of the steel; that the condition of the furnaces and business of Naylor & Co. was not in any respect as so represented, but, as Naylor & Co. and said agent well knew, said condition was such that they could make and sell large quantities of such steel during 1876 in addition to said 600 tons and said amounts so ordered, and could make and sell to makers of carriage springs large quantities of such steel in addition to said 300 tons and said amounts so ordered, during 1876; that, during 1876, Naylor & Co. did make and sell large quantities of such steel, in addition to said 600 tons and said amounts so ordered, and did make and sell large quantities of such steel to makers of carriage springs, in addition to said 300 tons and said amounts so ordered; that during 1876 Naylor & Co. delivered to Cooper & Co., under said contract, and at various times, 572,900 pounds of such steel, for all of which Cooper & Co. paid at the price of 5 5/8 cents per pound, as agreed, and Naylor & Co. also delivered to them the steel embraced in the petition, and not paid for; that by such acts of Naylor & Co. the market price of such steel and of carriage springs was largely decreased, and during 1876 Cooper & Co. were compelled to and did pay for all the steel delivered to them under said contract a price greater than the market price, and a price greater than such steel was sold for by Naylor & Co. to others, and to other makers of carriage springs, and were unable to compete with other makers of carriage springs, to their damage $6,000; and that they claim as a set-off so much of the $6,000 as is equal to the claim of Naylor & Co., and ask for judgment for the remainder. There was a reply denying the material allegations of the answer and counter-claim. The case was tried by a jury and resulted in a verdict for Naylor & Co. for $667.27, on which there was a judgment for that amount, with costs. Cooper & Co. have sued out a writ of error.

Mr. Henry E. Davis for plaintiff.

Mr. H. L. Terrell for defendants.

[Argument of Counsel from page 151 intentionally omitted]

Mr. JUSTICE BLATCHFORD delivered the opinion of the c

ourt.

The only exceptions presented by the bill of exceptions are to the charge of the court to the jury. The entire charge is set out. There is a general exception by the defendants to the charge, but that is of no avail. Where a charge embraces several distinct p...