Iron Trade Products Co. v. Wilkoff Co.
Supreme Court of Pennsylvania
116 A. 150 (1922)
Iron Trade Products Co. (Iron Trade) (plaintiff) contracted with Wilkoff Co. (Wilkoff) (defendant) to purchase relaying rails at $41 per ton. Iron Trade brought sued when Wilkoff did not deliver any of the rails, forcing Iron Trade to purchase the rails from another supplier for $49/ton. Iron Trade claimed as damages the difference between the market price at the time and place of delivery (allegedly $50/ton) and the contract price. Wilkoff claimed that Iron Trade’s subsequent purchases of rails rendered its performance under the contract impossible, as the announcement of such a large order drove up prices and reduced the supply of available rails to Wilkoff. The court ruled for Iron Trade. Wilkoff appealed.
Rule of Law
Holding and Reasoning (Walling, J.)
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