Rochester & Pittsburgh Coal & Iron Co. v. Makoma Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 18, May T., 1921, by defendant, from judgment of C. P. Dauphin Co., March T., 1919, No. 167, on verdict for plaintiff, in case of Rochester & Pittsburgh Coal & Iron Co. v. Makoma Coal Co. Assumpsit for money had and received by defendant as agent. The opinion of the Supreme Court states the facts. The trial judge refused a request for binding instructions for defendant. Verdict and judgment for plaintiff for $85,008.49. Defendant appealed.
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Appeal, No. 18, May T., 1921, by defendant, from judgment of C. P. Dauphin Co., March T., 1919, No. 167, on verdict for plaintiff, in case of Rochester & Pittsburgh Coal & Iron Co. v. Makoma Coal Co. Assumpsit for money had and received by defendant as agent. The opinion of the Supreme Court states the facts. The trial judge refused a request for binding instructions for defendant. Verdict and judgment for plaintiff for $85,008.49. Defendant appealed. Error assigned, inter alia, was above instruction, quoting.it.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Plaintiff is engaged in the business of mining and selling coal, while defendant is a jobber in coal but not a *396mine owner. In 1915, defendant, learning that the Le-high Coke Company desired to purchase a large quantity of coal for the manufacture of coke, procured samples from plaintiff and submitted them to the Lehigh Coke Company to determine whether the product of the coal company’s mines was suitable for the coke company’s purposes. The coal was found to be satisfactory and a contract was entered into between defendant and the Lehigh Coke Company, whereby the…
2Cases cited6 opinions
- Berridge v. GlasseySupreme Court of Pennsylvania · 1886
- Lenox Coal Co. v. Duncan-Spangler Coal Co.Supreme Court of Pennsylvania · 1920
- Atchison v. United Presbyterian Board of PublicationSupreme Court of Pennsylvania · 1920
- Wright v. Monongahela Natural Gas Co.Superior Court of Pennsylvania · 1896
- Swigert v. HartzellSuperior Court of Pennsylvania · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Leebov v. United States Fidelity & Guaranty Co.Supreme Court of Pennsylvania · 1960
- Cirotti v. WassellSuperior Court of Pennsylvania · 1948
- Zintsmaster v. WernerCourt of Appeals for the Third Circuit · 1930
- GRC Coal Co. v. CommonwealthCommonwealth Court of Pennsylvania · 1981
- Daly Bros. Shoe Co. v. H. Jacob & Sons, Inc.District Court, M.D. Pennsylvania · 1943
4 more not listed; retrieve them via the Exa API.