Legal Opinion

Lipper Manufacturing Co. v. Morris & Co.

Superior Court of Pennsylvania

Decided February 24, 1915No. Appeal, No. 247PublishedCited by 1 opinion

Appeal, No. 247, Oct. T., 1913, by defendant, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1912, No. 6, on verdict for plaintiff in case of Lipper Manufacturing Company v. Morris & Company. Foreign attachment for goods sold and delivered.

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Appeal, No. 247, Oct. T., 1913, by defendant, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1912, No. 6, on verdict for plaintiff in case of Lipper Manufacturing Company v. Morris & Company. Foreign attachment for goods sold and delivered. Before Barratt, J. At the trial it appeared that the plaintiff company, a manufacturer of webbing, in Philadelphia, issued a foreign attachment against defendant, a Maine corporation doing business in Kansas city as packers and shippers of meats, to recover $1,236 claimed to be due for 14,832 yards of webbing. The contract appeared from a series of…

1Opinion of the Court

Opinion by

Kephart, J.,

The contract in this case was made up from an offer by the appellee to furnish 200 rolls of blue webbing to be made in seventy-two yard rolls, price to be $12.00 per gross of 144 yards, and an acceptance of this offer in its exact terms, delivery to be made in four weeks. The article was to be manufactured specially for the defendant. Upon receipt of the first shipment of a portion of the material and invoices therefor, appellant countermanded the order by telegram, as follows: “Do not complete balance of order. Misunderstanding as to price.” The appellee declined to…

2Cases cited3 opinions

  1. Reel v. ElderSupreme Court of Pennsylvania · 1869
  2. Unexcelled Fire-Wks. Co. v. PolitesSupreme Court of Pennsylvania · 1890
  3. Gallagher v. WhitneySupreme Court of Pennsylvania · 1892

3Cited by1 opinion

  1. West Side Bank v. Beaver Valley Coal Co., Pennsylvania Court of Common Pleas, Luzerne County1927

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