Legal Opinion

Wedmore v. McInnes

Superior Court of Pennsylvania

Decided March 2, 1918No. Appeal, No. 235PublishedCited by 8 opinions

Appeal, No. 235, Oct. T., 1917, by defendant, from judgment of Municipal Court, Philadelphia Co., Jan. T., 1917, No. 48, for plaintiff on case tried by the court without a jury in the matter of Daniel A. Wedmo-re et al., trading as the American Metál Products Company, v. Charles E. Melnnes, trading as Charles E. Melnnes & Co1. Assumpsit for a breach of contract to sell iron.

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Appeal, No. 235, Oct. T., 1917, by defendant, from judgment of Municipal Court, Philadelphia Co., Jan. T., 1917, No. 48, for plaintiff on case tried by the court without a jury in the matter of Daniel A. Wedmo-re et al., trading as the American Metál Products Company, v. Charles E. Melnnes, trading as Charles E. Melnnes & Co1. Assumpsit for a breach of contract to sell iron. The case was tried by Knowles, J., without a jury who found for the plaintiff in the sum of $490.35. Error assigned was the judgment of the court. Checks or notes, unless expressly accepted as payment are construed to be…

1Opinion of the Court

Opinion by

Kephart, J.,

This is an action brought to recover damages for the breach of a contract for the sale of some bar iron. It was the understanding between the parties that the terms of sale would be cash, not necessarily currency, but the equivalent of cash. The appellees, in writing, ordered the iron and sent with the order their check. The appellant received the order and check and immediately sent the check to its bank. It was discovered that there was not sufficient- funds to meet it. The check and the order were immediately returned and the iron was sold elsewhere.

*222It is well settled…

2Cases cited4 opinions

  1. Philadelphia v. StewartSupreme Court of Pennsylvania · 1900
  2. N. Holmes & Sons v. Briggs & DrumSupreme Court of Pennsylvania · 1890
  3. Philadelphia v. Neill & Lincoln Savings & Trust Co.Supreme Court of Pennsylvania · 1905
  4. Cochran v. SlomkowskiSuperior Court of Pennsylvania · 1905

3Cited by8 opinions

  1. Spiegel v. CommissionerUnited States Tax Court · 1949
  2. Hare v. Connecticut Mutual Life Ins. Co. of HartfordWest Virginia Supreme Court · 1934
  3. Silverman v. New York Life Ins.District Court, W.D. Pennsylvania · 1932
  4. Alden EstatePennsylvania Orphans' Court, Erie County · 1958
  5. Corry Metal Corp. v. Martin Screen & Metal Weatherstrip Co., Pennsylvania Court of Common Pleas, Lancaster County1934

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