Carpenter v. Vulcanite Portland Cement Co.
Supreme Court of Pennsylvania
Appeal, No. 217, Jan. T., 1904, by defendant, from judgment of C. P. No. 4, Pliila. Co., JuneT., 1903, No. 415, on verdict for plaintiffs in case of F. A. Carpenter & Co., Limited, v. Vulcanite Portland Cement Company. Assumpsit for breach of contract of sale. Before Will-son, P. J. The opinion of the Supreme Court states the ease. Verdict and judgment for plaintiff for $2,890. Defendant appealed.
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Appeal, No. 217, Jan. T., 1904, by defendant, from judgment of C. P. No. 4, Pliila. Co., JuneT., 1903, No. 415, on verdict for plaintiffs in case of F. A. Carpenter & Co., Limited, v. Vulcanite Portland Cement Company. Assumpsit for breach of contract of sale. Before Will-son, P. J. The opinion of the Supreme Court states the ease. Verdict and judgment for plaintiff for $2,890. Defendant appealed. Error assigned was the admission in evidence of the letter quoted in the opinion of the Supreme Court.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
All questions raised by the testimony and essential to the decision of the case were submitted to the jury by the court in an exceptionally clear and adequate charge. If there was any error, at the trial it was in the admission of a single item of written evidence, which was objected to on the ground that it was a part of the contract on which suit was brought, and had not been fully set out in the declaration.
The action was to recover damages for the alleged breach of a contract to sell the plaintiffs 15,000 barrels of cement at a stipulated price. The plaintiffs…
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