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Contracts Keyed to Burton
Plotnick v. Pennsylvania Smelting & Refining Co.
Citation:
194 F.2d 859Facts
Pennsylvania Smelting & Refining Company (hereinafter “Pennsylvania”) (defendant-buyer) entered into a series of agreements, several being installment contracts, for the purchase of battery lead from Plotnick (plaintiff-seller). The parties agreed on a price of 8.1 cents per pound of lead, or better if the quality warranted. Both parties agreed that at least 63 percent of the price should be paid shortly after the delivery of each shipment and the balance within four weeks after that delivery. The first two shipments were delivered successfully and the contract price paid shortly thereafter. Plotnick was supposed to deliver 290,000 pounds of lead in the third shipment, but only delivered 43,000 pounds. Plotnick refused to deliver the remainder of the third shipment unless Pennsylvania paid for the entirety of the third shipment. Pennsylvania threatened to sue Plotnick unless the remainder of the third shipment was promptly delivered. Plotnick never delivered the rest of the lead and the market price of battery lead eventually increased from 8.1 cents to 11 ½ cents per pound. Plotnick sued Pennsylvania to recover the money owed under the contract.
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