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Contracts Keyed to Barnett
New York Central Iron Works Co. v. United States Radiator Co.
Citation:
Court of Appeals of New York, 174 N.Y. 331, 66 N.E. 967 (1903)Facts
The Seller contracted with Buyer to provide Buyer with “their entire radiator needs for the year 1899,” on the terms and at the prices specified. Seller filled all orders from the Buyer until 48,000 feet of radiation had been delivered, which was as much as the Buyer had ever required before. Buyer continued to send in orders that would have brought the aggregate for the year up to 100,000 feet; Seller refused to fill the orders because he construed the contract as calling for only the usual amount of goods and not materially exceeding the quantity delivered in any one year before under a similar contract. Seller claimed there was a mutual mistake in framing the contract.
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Topic Resources
Topic Outline
Formation of ContractsTopic Refresher Course
Mistake: Unilateral and Mutual