Conard v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 187, Jan. T., 1905, by defendant, from judgment of C. P. No. 2, Phila. Co., March T., 1900, No. 754, on verdict for plaintiff in case of Thomas P. Conard and I. S. Williams, trading as Thomas P. Conard, v. Pennsylvania Railroad Company. Assumpsit for breach of contract of sale. Before Barratt, J. The fact are stated in the opinion of the Supreme Court. At the trial the court refused to charge that upon all the evidence the verdict should be for the defendant.
Read the full summary
Appeal, No. 187, Jan. T., 1905, by defendant, from judgment of C. P. No. 2, Phila. Co., March T., 1900, No. 754, on verdict for plaintiff in case of Thomas P. Conard and I. S. Williams, trading as Thomas P. Conard, v. Pennsylvania Railroad Company. Assumpsit for breach of contract of sale. Before Barratt, J. The fact are stated in the opinion of the Supreme Court. At the trial the court refused to charge that upon all the evidence the verdict should be for the defendant. Verdict for plaintiff for f>8,588. The defendant moved for judgment non obstante veredicto under the Act of April 22, 1905,…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
The plaintiff, desiring to purchase some second hand steel *100rails, fit for relaying, had a conversation - with the defendant company’s agent relative thereto. Pursuant to and in confirmation of the oral, negotiations, Joseph T. Richards, the defendant’s chief engineer of maintenance of way, addressed a letter to the plaintiff under date of June 21, 1899, the material parts of which are as follows :
“ Subject. With reference to sale of. 1250 tons of second hand fit rail, with splice material .... Confirming my verbal conversation with your Mr. I. S. Williams, and…
2Cited by9 opinions
- Frank Pure Food Co. v. DodsonSupreme Court of Pennsylvania · 1924
- Sloan Corp. v. LintonSupreme Court of Pennsylvania · 1918
- Pennsylvania Lubricating Co. v. WilhelmSupreme Court of Pennsylvania · 1917
- Zeller v. HauptSuperior Court of Pennsylvania · 1910
- Standard Oil Co. v. Federal Surety Co.Court of Appeals for the Eighth Circuit · 1928
4 more not listed; retrieve them via the Exa API.