Fairfax Textile Mills, Inc. v. Feingold
Supreme Court of Pennsylvania
Appeal, No. 38, Jan. T., 1922, by plaintiff, from judgment of C. P. No. 3, Phila. Co., March T., 1921, No. 1195, for defendants on question of law raised by affidavit of defense, in case of Fairfax Textile Mills, Inc., v. Alexander S. Feingold et al., trading as Gilt Edge Shirt Co. Assumpsit for goods sold, etc. Before Davis, J. The opinion of the Supreme Court states the facts. Judgment for defendants on question of law raised by affidavit of defense. Plaintiff appealed.
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Appeal, No. 38, Jan. T., 1922, by plaintiff, from judgment of C. P. No. 3, Phila. Co., March T., 1921, No. 1195, for defendants on question of law raised by affidavit of defense, in case of Fairfax Textile Mills, Inc., v. Alexander S. Feingold et al., trading as Gilt Edge Shirt Co. Assumpsit for goods sold, etc. Before Davis, J. The opinion of the Supreme Court states the facts. Judgment for defendants on question of law raised by affidavit of defense. Plaintiff appealed. Error assigned was judgment, quoting it.
1Opinion of the Court
Per Curiam,
Plaintiff sued to recover the sum of $5,184 with interest, claimed to be due under a contract for the sale of seventy-two pieces of Burlington shirting to be delivered *74“about November-December 1920......f. o. b. New York......The acceptance of a shipment by a railroad or other common carrier, shall constitute a delivery.” By letter of November 15, 1920, defendants directed cancellation of the order, to which plaintiff replied, “under no consideration will we cancel the order,” but offered to defer delivery until a later date, if so desired. Defendants’ reply merely referred…
2Cases cited1 opinion
- American Steel Foundries v. Metal Products Co.Superior Court of Pennsylvania · 1920
3Cited by8 opinions
- Frank Pure Food Co. v. DodsonSupreme Court of Pennsylvania · 1924
- Clavan v. HermanSupreme Court of Pennsylvania · 1925
- Bisbee Linseed Co. v. Paragon Paint & Varnish Corp.Court of Appeals for the Second Circuit · 1933
- Everedy MacHine Co. v. Hazle Maid BakersSupreme Court of Pennsylvania · 1939
- Harris & Konick v. GottliebSuperior Court of Pennsylvania · 1922
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