Holloway v. Jacoby
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OF CUMBERLAND COUNTY. No. 419 January Term 1886, Sup. Ct.; court below, No. 7 January Term 1885, C. P. The case below was an appeal from the judgment of a justice of the peace in favor of the plaintiff in an action by J. F. Holloway, trading as J. F. Holloway & Co., against C. Jacoby.
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ERROR TO THE COURT OE COMMON PLEAS OF CUMBERLAND COUNTY. No. 419 January Term 1886, Sup. Ct.; court below, No. 7 January Term 1885, C. P. The case below was an appeal from the judgment of a justice of the peace in favor of the plaintiff in an action by J. F. Holloway, trading as J. F. Holloway & Co., against C. Jacoby. At the trial on April 23, 1885, the case was closed on the evidence when it was agreed by the parties that a trial by jury should be dispensed with, and all matters in controversy submitted to Mr. M. O. Herman, as referee, under the provisions of the act of May 14, 1874, P. L.…
1Opinion of the Court
Opinion,
Mr. Justice Paxson :
The learned referee has found that there was no warranty in this case. If he is right in this, his conclusions are correct and his judgment must stand.
The defendant offered by letter to sell the plaintiff a car load of corn. The plaintiff accepted it in these words: “Your favor of 19th is received and noted. We will give 58 cents per bushel for the car corn, provided it is good, salable corn. If you accept, consign to Collegeville, Pa.,” etc. The defendant replied: “ Will accept your offer for one car load of corn,” etc. The acceptance of plaintiff’s offer was an…
2Cases cited1 opinion
- Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
3Cited by11 opinions
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- Joseph v. RichardsonSuperior Court of Pennsylvania · 1896
- Samuel v. Delaware River Steel Co.Supreme Court of Pennsylvania · 1919
- Wallace v. L. D. Clark & SonSupreme Court of Oklahoma · 1918
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