Franklin Sugar Refining Co. v. Hanscom Bros.
Supreme Court of Pennsylvania
Appeal, No. 120, Jan. T., 1922, by defendant, from judgment of C. P. No. 4, of Phila. Co., Dec. T., 1920, No. 7538, for plaintiff for want of a sufficient affidavit of defense, in case of Franklin Sugar Refining Co. v. Hanscom Bros., Inc. Assumpsit for breach of contract. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Supreme Court states the facts. Rule absolute as to the September and October contracts.
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Appeal, No. 120, Jan. T., 1922, by defendant, from judgment of C. P. No. 4, of Phila. Co., Dec. T., 1920, No. 7538, for plaintiff for want of a sufficient affidavit of defense, in case of Franklin Sugar Refining Co. v. Hanscom Bros., Inc. Assumpsit for breach of contract. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Supreme Court states the facts. Rule absolute as to the September and October contracts. The damages were assessed as to each contract on the difference between the contract price and the market price of sugar on the date of defendant’s…
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
Plaintiff sued upon five written agreements for the sale and delivery of sugar to defendant, claiming to recover the difference between the contract and market prices at the time the agreements were repudiated by the latter; plaintiff’s rule for judgment for want of a sufficient affidavit of defense, so far as related to the first two agreements, was made absolute for the average number of pounds of sugar which the affidavit averred was contained in each barrel, and, the damages being assessed accordingly, defendant appealed.
The first of the agreements provides…
2Cases cited7 opinions
- Buehler v. United States Fashion Plate Co.Supreme Court of Pennsylvania · 1921
- Kountz v. Kirkpatrick & LyonsSupreme Court of Pennsylvania · 1873
- Little v. ThroppSupreme Court of Pennsylvania · 1914
- Sharpsville Furnace Co. v. SnyderSupreme Court of Pennsylvania · 1909
- Appeal of LynchSupreme Court of Pennsylvania · 1881
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3Cited by16 opinions
- Franklin Sugar Refining Co. v. HowellSupreme Court of Pennsylvania · 1922
- Gross v. Exeter Machine Works, Inc.Supreme Court of Pennsylvania · 1923
- Bell v. LambornCourt of Appeals for the Fourth Circuit · 1924
- Transcontinental Oil Co. v. Atlas Assurance Co.Supreme Court of Pennsylvania · 1924
- Irwin v. WeikelSupreme Court of Pennsylvania · 1925
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