The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921. Page: 445
xx, 1023 p. ; 23 cm.View a full description of this legislative document.
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J. W. RINGROSE CO. V. W. & J. SLOANE 445
(272 F.)
J. W. RINGROSE CO. v. W. & J. SLOANE.
(Circuit Court of Appeals, Third Circuit. April 22, 1921.)
No. 2610.
1. Contracts =176(1)-Construction held question for court.
Where a contract contains no ambiguous expressions or technical words
calling for the aid of parol evidence to explain, and of a jury to determine,
their meaning, its construction is for the court.
2. Contracts 4=202 (2)-Agreement by manufacturer to "afford protection of
10 per cent." to customer construed.
A provision in a contract relating to the manufacture by defendant for
plaintiff of horse blanket linings, that, if asked to quote prices to outside
parties other than the government, the manufacturer would "afford us a
protection of 10 per cent. to your cost to us as a profit," only required
defendant to quote other parties prices 10 per cent. higher than those
quoted plaintiff, and did not entitle plaintiff to 10 per cent. of the selling
price on sales by defendant to other parties.
In Error to the District Court of the United States for the Eastern
District of Pennsylvania; J. Whitaker Thompson, Judge.
Action by the J. W. Ringrose Company against W. & J. Sloane.
Judgment for defendant (266 Fed. 402), and plaintiff brings error. Af-
firmed.
See, also, 262 Fed. 545.
Bell, Kendrick, Trinkle & Deeter, of Philadelphia, Pa. (Paxson Deet-
er, of Philadelphia, Pa., of counsel), for plaintiff in error.
Selden Bacon, of New York City, and Francis B. Bracken, of Phila-
delphia, Pa., for defendant in error.
Before BUFFINGTON and WOOLLEY, Circuit Judges, hand
RELLSTAB, District Judge.
WOOLLEY, Circuit Judge. In this action of assumpsit the plain-
tiff declared on an oral contract confirmed by correspondence. The
court, regarding the contract as written and wholly embraced within
the letters of the parties, entered judgment of nonsuit. 266 Fed. 402.
The plaintiff sued out this writ of error.
The facts, shortly stated, are these:
The plaintiff, a Pennsylvania corporation, was a manufacturer of
horse blankets; the defendant, a New York corporation, was a jobber
dealing in carpets and rugs manufactured by concerns whose output it
controlled.
A horse blanket consists of two parts: cover and lining. Ordinarily,
the lining is made of low erade shoddy. Early in 1918, Lyman, gen-
eral manager of the plaintiff, realizing that the Government would need
large quantities of horse blankets, conceived the idea that blanket lin-
ings would be improved by the addition of cattle hair, and could, per-
haps, be made on looms used in manufacturing carpets and rugs. With
this in mind, he called upon Gardner, sales agent for the defendant, and,
submitting a sample of the proposed lining,-later described as 36" M.
4QFor other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921., legislative document, 1921; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38843/m1/467/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.