Sollenberger & Branthaver v. Scattergood
Superior Court of Pennsylvania
Appeal, No. 281, Oct. T., 1923, by defendant, from judgment of O. P. Franklin Co., Oct. T., 1921, No. 252, on verdict for plaintiff in the case of Charles W. Sollenberger and Charles E. Branthaver, partners, trading and doing business as 'Sollenberger and Branthaver, v. Samuel F. Scattergood, John K. Scattergood and William B. Scattergood, partners, trading and doing business as S. F. Scattergood and Company. Assumpsit for breach of contract.
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Appeal, No. 281, Oct. T., 1923, by defendant, from judgment of O. P. Franklin Co., Oct. T., 1921, No. 252, on verdict for plaintiff in the case of Charles W. Sollenberger and Charles E. Branthaver, partners, trading and doing business as 'Sollenberger and Branthaver, v. Samuel F. Scattergood, John K. Scattergood and William B. Scattergood, partners, trading and doing business as S. F. Scattergood and Company. Assumpsit for breach of contract. Before Barnett, P. J., 41st Judicial District, Specially presiding. The facts are stated in the opinion of the Superior Court. The jury rendered a…
1Opinion of the Court
Opinion by
Keller, J.,
This action concerns a car, (40 tons, — 800 sacks), of cottonseed meal sold by defendants to plaintiffs on June 9, 1920, and delivered on July 20, 1920. On inspection plaintiffs found some of the meal damp, musty and caked and not fit for cattle feed, and notified defendants they would not accept the car. One of defendants, thereupon, came to plaintiffs’ place of business and induced them to unload the car, stating, (according to one of the plaintiffs) “If we would unload the car, he would stand by us and see that we didn’t lose anything on the meal, on account of the'bad…
2Cases cited10 opinions
- Washington N. Gas Co. v. JohnsonSupreme Court of Pennsylvania · 1889
- Meaker Galvanizing Co. v. Charles E. McInnes & Co.Supreme Court of Pennsylvania · 1922
- Bernstein v. HirschSuperior Court of Pennsylvania · 1907
- Foye v. Lilley Coal & Coke Co.Supreme Court of Pennsylvania · 1916
- Christman v. MartinSuperior Court of Pennsylvania · 1898
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3Cited by3 opinions
- Lucacher v. KersonSupreme Court of Pennsylvania · 1946
- Blaisdell Filtration Co. v. Bayard & Co.Supreme Court of Pennsylvania · 1933
- Crescent Corrugated Paper Products Co. v. Weaver Paper Co.Superior Court of Pennsylvania · 1924