Holmes v. Cameron
Supreme Court of Pennsylvania
Appeal, No. 244, Jan. T., 1920, by defendants, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1918, No. 250, on verdict for plaintiff, in case of Thomas Holmes v. Alpin J. Cameron and William P. Denegre, trading as A. J. Cameron & Co. Assumpsit for breach of contract to deliver 108 bags of noils. Before McMichael, P. J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $1,698.92. Defendants appealed.
Read the full summary
Appeal, No. 244, Jan. T., 1920, by defendants, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1918, No. 250, on verdict for plaintiff, in case of Thomas Holmes v. Alpin J. Cameron and William P. Denegre, trading as A. J. Cameron & Co. Assumpsit for breach of contract to deliver 108 bags of noils. Before McMichael, P. J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $1,698.92. Defendants appealed. Errors assigned were (1) refusal of instructions for defendant, (2, 3) refusing points, and (4) in overruling defendant’s motion for judgment…
1Opinion of the Court
Opinion by
Mr. Justice Walling,
This action is by a vendee for breach of contract in the sale of merchandise. Both parties are dealers in wool, the plaintiff at Boston and the defendant at Philadelphia. On September 28, 1917, by written contract, defendants sold plaintiff 108 bags (10,800 pounds) of noils, a by-product of wool, at 48 cents a pound, as per defendants’ sample No. 492. A week later they wrote plaintiff that it would not be possible for them to deliver the noils as they had made a mistake in the sample and had none of that grade. Meantime there had been a sharp advance in the price…
2Cases cited11 opinions
- Sherwood v. WalkerMichigan Supreme Court · 1887
- Riegel v. American Life Ins.Supreme Court of Pennsylvania · 1893
- Corona Coal & Coke Co. v. DickinsonSupreme Court of Pennsylvania · 1918
- Switzer v. Pinconning Manufacturing Co.Michigan Supreme Court · 1886
- Blygh v. SamsonSupreme Court of Pennsylvania · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Vrabel v. SCHOLLERSupreme Court of Pennsylvania · 1952
- Ehrenzeller v. ChubbSuperior Court of Pennsylvania · 1952