Smith, deMacedo & Co. v. Swift & Co.
Supreme Court of Pennsylvania
Appeal, No. 202, Jan. T., 1920, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1917, No. 2516, on verdict for plaintiff in case of Smith, deMacedo & Co., Inc., v. Swift & Co. Assumpsit to recover damages for loss by reason of an alleged misrepresentation on the part of defendants’ agent on a sale of merchandise. Before Bregy, P. J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $4,666.01. Defendant appealed.
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Appeal, No. 202, Jan. T., 1920, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1917, No. 2516, on verdict for plaintiff in case of Smith, deMacedo & Co., Inc., v. Swift & Co. Assumpsit to recover damages for loss by reason of an alleged misrepresentation on the part of defendants’ agent on a sale of merchandise. Before Bregy, P. J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $4,666.01. Defendant appealed. Errors assigned were receiving evidence as to resale of goods, refusal to strike it out, and refusal of new trial.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
Appellant sold to appellee 34 tons of oleo-stearine, an article represented to be suitable for the same uses and to comply with the specifications set forth, for stearic acid. It was to be resold and shipped to Portugal. Upon arrival there it was found the commodity did *367not conform to the specifications and appellee’s customer declined to accept the shipment. ¥/ith concurrence of appellant, the shipment was directed to be sold for the best price obtainable. It became the duty of the vendee, through his agent, to exercise good faith, reasonable judgment and…
2Cases cited2 opinions
- Forster v. Rogers Bros.Supreme Court of Pennsylvania · 1915
- Samuel v. Delaware River Steel Co.Superior Court of Pennsylvania · 1918
3Cited by3 opinions
- Grupe v. GlickCalifornia Supreme Court · 1945
- Lamborn v. Allen Kirkpatrick & Co.Supreme Court of Pennsylvania · 1926
- Grupe v. GlickCalifornia Supreme Court · 1945