Robert J. & R. Ritchie Co. v. Albion Manufacturing Co.
Supreme Court of Pennsylvania
Appeal, No. 204, July T., 1895, by defendant, from judgment of C. P. No. 1, Philadelphia County, June T., 1893, No. 12, on verdict for plaintiff. Foreign attachment in assumpsit for breach of contract to deliver cotton yarn. Before Biddle, J. At the trial plaintiff claimed that in October, 1892, it purchased from defendant, through Leiper Brothers, forty thousand pounds of cotton yarn at fourteen cents per pound.
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Appeal, No. 204, July T., 1895, by defendant, from judgment of C. P. No. 1, Philadelphia County, June T., 1893, No. 12, on verdict for plaintiff. Foreign attachment in assumpsit for breach of contract to deliver cotton yarn. Before Biddle, J. At the trial plaintiff claimed that in October, 1892, it purchased from defendant, through Leiper Brothers, forty thousand pounds of cotton yarn at fourteen cents per pound. When the first installment of the yarn was to be delivered, Leiper Brothers, at defendant’s request, obtained an extension of thirty days for the .delivery of the yarn. At the…
1Opinion of the Court
Per Curiam,
Plaintiff company’s right to recover in this case depended on questions of fact, which were properly submitted to the jury, with instructions which appear to be adequate and free from substantial error. The testimony on which it relied tended to show that Leiper Brothers were employed by defendant company to sell its yam, and that plaintiff’s order for yarn, taken by ■General Leiper, was either previously authorized by defendant or subsequently ratified by it. In view of this testimony, and of the instructions under which it was submitted to the jury, their verdict, in favor of the…
2Cited by1 opinion
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