Butler v. School District
Supreme Court of Pennsylvania
Appeal, No. 326, Jan. T., 1892, by plaintiffs, Wm. It. Butler and Jas. N. Hersh, trading as the Hersh Furnace Co., from judgment of C. P. Carbon Co., Oct. T., 1889, No. 32, on verdict for defendant.
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Appeal, No. 326, Jan. T., 1892, by plaintiffs, Wm. It. Butler and Jas. N. Hersh, trading as the Hersh Furnace Co., from judgment of C. P. Carbon Co., Oct. T., 1889, No. 32, on verdict for defendant. Assumpsit to recover the price of furnaces under the following agreement: “ Agreement made this 21st day of July, 1888, between the Hersh Furnace Company of Leighton, Penna., party of the first part, and the Leighton School Board, party of the second part, Witnesseth: The party of the first part agrees to put in the Leighton Public School Building, four of their largest size brick-set furnaces,…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
Where there is a sale upon trial, with a time fixed by the parties, a failure to return the goods or give notice in accordance with the agreement makes the sale absolute: Dewey v. Borough of Erie, 14 Pa. 211; Hickman v. Shimp, 109 Pa. 16; Stutz v. Coal Co., 131 Pa. 267; Benj. on Sales, § 595. This was the effect of the contract between the parties to this controversy. A period was fixed within which the test of the furnaces was to be made, which period was to be extended for two months if desired in writing before the first limit was reached. The learned judge…
2Cases cited5 opinions
- School District v. FuessSupreme Court of Pennsylvania · 1881
- Nason v. Directors of the PoorSupreme Court of Pennsylvania · 1889
- Hickman v. ShimpSupreme Court of Pennsylvania · 1885
- Stutz v. Loyalhanna Coal & Coke Co.Supreme Court of Pennsylvania · 1890
- Dewey v. Erie BoroughSupreme Court of Pennsylvania · 1850
3Cited by10 opinions
- School District v. Framlau Corp.Commonwealth Court of Pennsylvania · 1974
- Truscon Steel Co. v. Fuhrmann & Schmidt Brewing Co.Supreme Court of Pennsylvania · 1937
- In re Miller & Brown (1)District Court, M.D. Pennsylvania · 1905
- Morse, Williams & Co. v. Arnfield & SonSuperior Court of Pennsylvania · 1900
- Waymart Water Co. v. Borough of WaymartSuperior Court of Pennsylvania · 1897
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