Paturzo v. Ferguson
Supreme Court of Pennsylvania
Appeal, No. 157, Jan. T., 1924, by plaintiffs, from order of C. P. No. 4, Phila. Co., Dec. T., 1916, No. 1950, refusing to take off nonsuit, in case of Julius C. Paturzo et al., trading as the Arpat Trading Company v. Alexander C. Ferguson et al., trading as Ferguson Brothers. Assumpsit for breach of contract. Before Finletter, J. The opinion of the Supreme Court states the facts. Nonsuit; refusal to take off. Plaintiffs appealed. Error assigned was, order, quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Plaintiffs, vendees of a quantity of sulphate of copper, sued the vendors to recover damages for failure to deliver in accordance with the contract. The court below entered a nonsuit and assigned as its reason plaintiff’s failure to perform their part, which called for the furnishing of a letter of credit, whereupon defendants elected to rescind.
Under date of January 3, 1916, defendants wrote plaintiffs offering to sell the article in question on terms stated. These terms not being acceptable to plaintiffs, a telephone conversation with defendants was had whereby…
2Cases cited9 opinions
- Franklin Sugar Refining Co. v. HowellSupreme Court of Pennsylvania · 1922
- Mason-Heflin Coal Co. v. CurrieSupreme Court of Pennsylvania · 1921
- Manufacturers Light & Heat Co. v. LampSupreme Court of Pennsylvania · 1921
- Safe Deposit & Trust Co. v. Diamond Coal & Coke Co.Supreme Court of Pennsylvania · 1912
- Rineer v. CollinsSupreme Court of Pennsylvania · 1893
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3Cited by10 opinions
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- Swift & Co. v. MeehanSupreme Court of Pennsylvania · 1925
- McGowan v. Lustig-Burgerhoff Co.Superior Court of Pennsylvania · 1928
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