Danish Pride Milk Products Co. v. Marcus
Supreme Court of Pennsylvania
Appeal, No. 120, Oct. T., 1921, by defendants, from judgment of C. P. Allegheny Co., Jan. T., 1921, No. 337, on verdict for plaintiff, in case of Danish Pride Milk Products Co. v. Jacob C. Marcus et al. Assumpsit for goods sold and delivered. Before Swearingen, P. J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $1,914.59. Defendants appealed.
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Appeal, No. 120, Oct. T., 1921, by defendants, from judgment of C. P. Allegheny Co., Jan. T., 1921, No. 337, on verdict for plaintiff, in case of Danish Pride Milk Products Co. v. Jacob C. Marcus et al. Assumpsit for goods sold and delivered. Before Swearingen, P. J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $1,914.59. Defendants appealed. Errors assigned, among others, were (1) refusal of defendants’ motion for judgment n. o. v., and (3, 4), rulings on evidence, referred to in the opinion of the Supreme Court, quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Walling,
Plaintiff is a corporation engaged in the sale of milk products at Sheyboygan, Wisconsin, and defendants are wholesale dealers in dairy products, etc., at Pittsburgh, Pa. On June 16, 1920, defendants gave plaintiff, through its agent, a written order for eight hundred cases of a certain brand of condensed milk called “Enzo Milk,” at $5 per case, subject to plaintiff’s confirmation, which was given, and the milk shipped to Pittsburgh where it arrived and was received by defendants on July 1st. The terms were “2% 10 days”; but no payment was made until September…
2Cases cited10 opinions
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3Cited by20 opinions
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