William P. Kelley Brick Co. v. Clay Product Supply Co.
Superior Court of Pennsylvania
Appeal, No. 88, Oct. T., 1906, by plaintiff, from order of C. P. No. 2, Phila. Co., Sept. T., 1904, No. 1,785, refusing to take off nonsuit in case of the William P. Kelley Brick Company v. Clay Product Supply Company. Assumpsit on a contract. Before Barratt, J. The facts are stated in the opinion of the Superior Court. Error assigned was order refusing to take off nonsuit.
1Opinion of the Court
Opinion by
Head, J.,
On October 10, 1903, the plaintiff and defendant entered into a written contract for the purchase and sale of 302,000 paving blocks. The consideration to be paid was reached by applying the rate of $12.00 per M. to the number above stated. The place of delivery named in the contract was f. o. b. cars Windber, Pa. The clause governing shipments was “Please ship as follows: One car load at the earliest possible moment, the balance of 37,800 immediately following telegraphic instructions from us, and the remaining 264,600 beginning November 1 next, deliveries to be completed…
2Cases cited5 opinions
- Easton v. JonesSupreme Court of Pennsylvania · 1899
- Shinn v. BodineSupreme Court of Pennsylvania · 1869
- Reybold v. VoorheesSupreme Court of Pennsylvania · 1858
- Martin v. FridenbergSupreme Court of Pennsylvania · 1895
- Norris v. ClarkSuperior Court of Pennsylvania · 1905
3Cited by4 opinions
- In Re Kellett Aircraft Corp.Court of Appeals for the Third Circuit · 1951
- Byren & Weil, Inc. v. French & Keeley, Inc.Superior Court of Pennsylvania · 1931
- Smith's EstateSuperior Court of Pennsylvania · 1915
- Cambria Car & Foundry Co. v. Royal Quemahoning Coal Co., Pennsylvania Court of Common Pleas, Westmoreland County1924