Legal Opinion

Alderman Brothers Co. v. Westinghouse Air Brake Co.

Supreme Court of Connecticut

Decided March 12, 1918PublishedCited by 9 opinions

Action to recover a portion of the purchase price paid by the plaintiff for three carloads of brass chips, because of an alleged shortage therein, brought to the Superior Court in New Haven County and tried to the jury before Greene, J.; verdict and judgment for the plaintiffs for $6,182, and appeal by the defendant.

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Action to recover a portion of the purchase price paid by the plaintiff for three carloads of brass chips, because of an alleged shortage therein, brought to the Superior Court in New Haven County and tried to the jury before Greene, J.; verdict and judgment for the plaintiffs for $6,182, and appeal by the defendant. The complaint alleges that the defendant sold to Jacob Svirsky of New Haven three carloads of brass chips containing 244,160 pounds, at the rate of 153^ cents per pound; that the defendant sent the three carloads of metal to New Haven and bills of lading accompanied by sight…

1Opinion of the CourtBeach, J.

One Forrester, called by the defendant, testified that he was the agent of the defendant who wrote the letter, Exhibit G, and handed it to Svirsky in defendant’s factory at Wilmerding, and that he had previously, on the same day, had a conversation with Svirsky about the sale of the brass turnings referred to in Exhibit G. He was asked to state the conversation, and on objection the court ruled that parol evidence was inadmissible to vary the terms of the contract stated in Exhibit G. On the same ground parol evidence was excluded which was offered for the purpose of showing that Svirsky had…

2Cited by9 opinions

  1. Standard Casing Co. v. . California Casing Co.New York Court of Appeals · 1922
  2. Davenport Ladder Co. v. Edward Hines Lumber Co.Court of Appeals for the Eighth Circuit · 1930
  3. Kinney v. HorwitzSupreme Court of Connecticut · 1919
  4. J. I. Case Threshing Mach. Co. v. Buick Motor Co.Court of Appeals for the Eighth Circuit · 1930
  5. Steelcase, Inc. v. CrystalSupreme Court of Connecticut · 1996

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