Samuel v. Delaware River Steel Co.
Superior Court of Pennsylvania
Appeal, No. 1, Oct. T., 1917, by defendant, from judgment of C. P. Delaware Co., Sept. T., 1915, No. 63, on verdict for plaintiff in case of Prank Samuel et al., trading as Prank Samuel, v. Delaware River Steel Company. Assumpsit for goods sold and delivered.
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Appeal, No. 1, Oct. T., 1917, by defendant, from judgment of C. P. Delaware Co., Sept. T., 1915, No. 63, on verdict for plaintiff in case of Prank Samuel et al., trading as Prank Samuel, v. Delaware River Steel Company. Assumpsit for goods sold and delivered. Before Broomall, J. At the trial it appeared that the defendant purchased by description, roll scale, a by-product of a rolling mill, but that the plaintiff delivered mill cinder, which is a commodity different in substance and value from roll scale, and that this was received and used without complaint or offer to return. The court…
1Opinion of the Court
Opinion by
Kephart, J.,
The appellant purchased by description from the appellees roll scale, a by-product of a rolling mill, to be delivered at its mill in Chester, Pennsylvania. The appellees shipped mill cinder, which is a commodity different in substance and value from roll scale. It was received and used without complaint or offer to return. The appellees brought this action to recover the price of roll scale, while the appellant contends it is liable only for the value of mill cinder. The court below held that there could be a recovery on the contract price for roll scale, though mill…
2Cases cited17 opinions
- Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
- F. B. Fogel & Co. v. BrubakerSupreme Court of Pennsylvania · 1888
- Himes v. KiehlSupreme Court of Pennsylvania · 1893
- Joseph v. RichardsonSuperior Court of Pennsylvania · 1896
- Otis Elevator Co. v. Flanders Realty Co.Supreme Court of Pennsylvania · 1914
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3Cited by3 opinions
- Smith, deMacedo & Co. v. Swift & Co.Supreme Court of Pennsylvania · 1920
- Slattery v. CarrollSuperior Court of Pennsylvania · 1919
- Bornstein v. Hanes, Pennsylvania Court of Common Pleas, Philadelphia County1939