Tete Bros. v. Eshler
Superior Court of Pennsylvania
Appeal, No. 9, April T., 1899, by defendant, from judgment of C. P. Westmoreland Co., Nov. T., 1896, No. 6, on verdict for plaintiff. Opinion by Rice, P. J. Appeal from judgment of justice in an action of assumpsit. Before McConnell, J. It appears from the evidence that defendant had dealt with and purchased tea from the plaintiff.
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Appeal, No. 9, April T., 1899, by defendant, from judgment of C. P. Westmoreland Co., Nov. T., 1896, No. 6, on verdict for plaintiff. Opinion by Rice, P. J. Appeal from judgment of justice in an action of assumpsit. Before McConnell, J. It appears from the evidence that defendant had dealt with and purchased tea from the plaintiff. Defendant testified that the tea gave entire satisfaction to his customers except the consignment for which this suit was brought; that he had built up a trade which required his own personal supervision and that of three agents; that on March 28, 1896, he gave a…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action for the price of a quantity of different kinds of tea, shipped by wholesalers doing business in Philadelphia, to a retailer doing business in Westmoreland county, upon a written order of the latter. The defendant asked the judge to charge the jury that if the tea was either “ unwholesome ” or “unsalable” when it arrived, the plaintiffs could not recover. The judge could not have charged as.requested without treating as wholly immaterial the facts, that one of the express terms upon which the tea was shipped was that “ all claims ” (evidently including…
2Cases cited2 opinions
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