Josephson & Sons v. Weintraub
Superior Court of Pennsylvania
Appeal, No. 206, Oct. T., 1921, by plaintiffs, from judgment of O. P. No. 3, Phila. Co., Dec. T., 1920, No. 1794, on verdict for defendant, in tbe case of Abrabam Josepbson, Harry Josepbson and Maurice Josepbson, trading as A. Josepbson & Sons, v. Harry Weintraub. Assumpsit to recover for goods sold. Before McMichael, P. J. Tbe facts are stated in tbe opinion of tbe Superior Court.
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Appeal, No. 206, Oct. T., 1921, by plaintiffs, from judgment of O. P. No. 3, Phila. Co., Dec. T., 1920, No. 1794, on verdict for defendant, in tbe case of Abrabam Josepbson, Harry Josepbson and Maurice Josepbson, trading as A. Josepbson & Sons, v. Harry Weintraub. Assumpsit to recover for goods sold. Before McMichael, P. J. Tbe facts are stated in tbe opinion of tbe Superior Court. Tbe court directed a verdict for defendant, and subsequently overruled a motion for judgment non obstante veredicto. Judgment on tbe verdict. Plaintiffs appealed. - - Errors assigned were tbe action of tbe court in…
1Opinion of the Court
Opinion by
Kelleb, J.,
Plaintiffs brought an action in assumpsit for $794.98 upon a book account, for goods sold and delivered. The defendant denied that the said goods or any part of them had ever been delivered to or received by him.
At the trial it was testified without objection that the goods had been ordered verbally and without any note or memorandum of sale having been signed by defendant, or by any one on his behalf; and it was uncontradicted that the terms were to be 2/10/60, that is, two per cent discount if paid in ten days, or the face of the bill, without interest, if paid within…
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