Legal Opinion

Diamond Glass Co. v. Ladwig

Superior Court of Pennsylvania

Decided May 13, 1907No. Appeal, No. 22PublishedCited by 1 opinion

Appeal, No. 22, Jan. T., 1907, by plaintiff, from order of G. P. Lackawanna Co., May T., 1905, No. 333, refusing to take off nonsuit in case of Diamond Glass Co. v. John H. Ladwig. Assumpsit for goods sold and delivered. Before New-comb, J. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 22, Jan. T., 1907, by plaintiff, from order of G. P. Lackawanna Co., May T., 1905, No. 333, refusing to take off nonsuit in case of Diamond Glass Co. v. John H. Ladwig. Assumpsit for goods sold and delivered. Before New-comb, J. The facts are stated in the opinion of the Superior Court. The following amendment was refused: That by mistake and inadvertence the following was omitted from the plaintiff’s statement, to wit: “ It was expressly agreed by and between the plaintiff and defendant at the time when the orders were signed by Ladwig, that the plaintiff was to take the goods…

1Opinion of the Court

Opinion by

Rice, P. J.,

The plaintiff declared in assumpsit that on September 17, 1903, the defendant gave the plaintiff two written orders for show cases; that the plaintiff accepted the orders; that the show cases were delivered to and’ received by the defendant, and that he refused to pay the price agreed upon. Upon the second trial of the case, and after the motion for compulsory nonsuit had been made, the plaintiff presented the petition for amendment of its statement of claim which is set forth in the first assignment of error. The petition does not show how the “ mistake or inadvertence…

2Cases cited2 opinions

  1. Ballentine v. RobinsonSupreme Court of Pennsylvania · 1863
  2. Briggs v. A Light BoatMassachusetts Supreme Judicial Court · 1863

3Cited by1 opinion

  1. McFarland-Meade Co. v. DoakSuperior Court of Pennsylvania · 1916

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