Legal Opinion

Prudden-Winslow Co. v. Stipp

Superior Court of Pennsylvania

Decided April 18, 1921No. Appeal, No. 15PublishedCited by 1 opinion

Appeal, No. 15, March T., 1921, by plaintiff, from judgment of C. P. Lackawanna County, June T., 1916, No. 314, on verdict for plaintiff in the ease of Prudden-Winslow Company, Inc., v. Mathias Stipp. Assumpsit for materials sold and delivered.

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Appeal, No. 15, March T., 1921, by plaintiff, from judgment of C. P. Lackawanna County, June T., 1916, No. 314, on verdict for plaintiff in the ease of Prudden-Winslow Company, Inc., v. Mathias Stipp. Assumpsit for materials sold and delivered. Before Maxey, J. From the record it appears that the plaintiff claimed for goods sold and delivered to the defendant pursuant to an order for the same signed by the defendant on September 18,1914, and accepted by the plaintiff on October 2, 1914. The statement alleged failure of the defendant to pay the balance due on said order of $597.94, with…

1Opinion of the Court

Opinion by

Trexler, J.,

Plaintiff furnished certain pipe which the defendant required in executing a contract to construct a sewer for the city of Carbondale. Defendant signed a written order which was subject to the terms and conditions printed on the back thereof. These provided for a two per cent cash discount on the net amount to be paid in ten days, or net in thirty days. There was also a provision that the entire contract was contained in the written order, and “no verbal understanding or agreement not contained in writing on'the face of the order (and these conditions) shall be…

2Cited by1 opinion

  1. Wagner v. Graziano Construction Co.Supreme Court of Pennsylvania · 1957

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