Legal Opinion

Eckert v. Schoch

Supreme Court of Pennsylvania

Decided May 22, 1893No. Appeal, No. 17PublishedCited by 8 opinions

Appeal, No. 17, July T., 1893, by defendant, George J. Schoch, from judgment of C. P. Snyder Co., Feb. T., 1891, No. 54, on verdict for plaintiff. Assumpsit for loss for nondelivery of wheat. At the trial, before McClure, P. J., it appeared that, in 1890, George W. Eckert, residing and doing business in Allentown, Pa., and George J. Schoch, defendant below, residing and doing business at Selin’s Grove, Pa., were each engaged in the business of buying and selling grain.

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Appeal, No. 17, July T., 1893, by defendant, George J. Schoch, from judgment of C. P. Snyder Co., Feb. T., 1891, No. 54, on verdict for plaintiff. Assumpsit for loss for nondelivery of wheat. At the trial, before McClure, P. J., it appeared that, in 1890, George W. Eckert, residing and doing business in Allentown, Pa., and George J. Schoch, defendant below, residing and doing business at Selin’s Grove, Pa., were each engaged in the business of buying and selling grain. On April 10, 1890, Schoch sent Eckert a postal card as follows: “ What can you pay for good Pa. wheat on track here. If you…

1Opinion of the Court

Pee Curiam,

In view of the undisputed evidence in this case, there was no error in charging the jury pro forma that there was a valid contract between the parties for delivery of five car loads of wheat at eighty-three and a half cents per bushel, and instructing them to render a verdict in favor of plaintiff for the amount of damages sustained by reason of the breach of said contract, subject to the following reserved questions, viz.: Whether the contract was as above stated, and, if so, whether such readiness and willingness to receive and pay for the wheat, as entitled plaintiff to recover,…

2Cited by8 opinions

  1. Bleecker v. MillerSupreme Court of Oklahoma · 1914
  2. Corydon Milling Co. v. Noblesville Milling Co.Indiana Court of Appeals · 1919
  3. Commonwealth ex rel. Ross Township v. GruverSuperior Court of Pennsylvania · 1900
  4. Martachowski v. OrawitzSuperior Court of Pennsylvania · 1900
  5. Seaboard Lithographing Co. v. TaitSuperior Court of Pennsylvania · 1925

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