Legal Opinion

Selser v. Roberts & Co.

Supreme Court of Pennsylvania

Decided January 31, 1884PublishedCited by 11 opinions

Error to the Court of Common Pleas No. 1, of Philadelphia county: Of January Term, 1884, No. 60. Assumpsit, by Charles N. Selser et al., trading as Selser & Brother, against Thomas Roberts et al., trading as Roberts & Co., to recover the sum of $296.22, with interest thereon,'for goods sold and delivered. The defendants admitted the debt, but pleaded a set-off of $212, and interest.

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Error to the Court of Common Pleas No. 1, of Philadelphia county: Of January Term, 1884, No. 60. Assumpsit, by Charles N. Selser et al., trading as Selser & Brother, against Thomas Roberts et al., trading as Roberts & Co., to recover the sum of $296.22, with interest thereon,'for goods sold and delivered. The defendants admitted the debt, but pleaded a set-off of $212, and interest. On the trial, before Biddle, J., it appeared that the alleged set-off arose from the following collateral transaction: On October 22,1880, George ~W. Roberts, representing the defendant firm, visited the store of…

1Opinion of the CourtJustice Clark

The plaintiffs claim in this case is $296.22 for goods sold and delivered. The (defendants admit this claim to be correct, but interpose a set-off amounting to $212, with interest. This set-off arises out of a distinct transaction. The plaintiffs, and also the defendants, are dealers in fruits in the city of Philadelphia. On the 22d October, 1880, the defendants purchased of the plaintiffs, at thirty days’ credit, 100 boxes of unpared evaporated peaches, 5000 lbs., at 15 cents per lb., amounting to $750, and, at the expiration of the thirty days’ credit, paid the price stipulated. From sixty…

2Cases cited1 opinion

  1. Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831

3Cited by11 opinions

  1. F. B. Fogel & Co. v. BrubakerSupreme Court of Pennsylvania · 1888
  2. Repco Products Corp. v. Reliance Electric Co. (In Re Repco Products Corp.)United States Bankruptcy Court, E.D. Pennsylvania · 1989
  3. Cudahy Packing Co. v. NarzisenfeldCourt of Appeals for the Second Circuit · 1924
  4. Samuel v. Delaware River Steel Co.Supreme Court of Pennsylvania · 1919
  5. Thomas v. CohenSupreme Court of Pennsylvania · 1923

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