Pittsburg Sheet Manufacturing Co. v. West Penn Sheet Steel Co.
Supreme Court of Pennsylvania
Appeal, No. 102, Oct. T., 1901, by defendant, from judgment of O. P. Armstrong Co., on verdict for plaintiff in case of Pittsburg Sheet Manufacturing Company v. West Penn Sheet Steel Company. Assumpsit for breach of contract of sale. Before Patton, P. J. From the record it appeared that defendant had sold but had failed to deliver to the plaintiff 700 tons of sheet steel.
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Appeal, No. 102, Oct. T., 1901, by defendant, from judgment of O. P. Armstrong Co., on verdict for plaintiff in case of Pittsburg Sheet Manufacturing Company v. West Penn Sheet Steel Company. Assumpsit for breach of contract of sale. Before Patton, P. J. From the record it appeared that defendant had sold but had failed to deliver to the plaintiff 700 tons of sheet steel. In order to fulfill its subcontracts plaintiff purchased some of the sheet from other parties and manufactured some of the sheets itself. The amended statement showed the claim to be as follows: Sheets purchased from Zug &…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
This action was brought to recover damages for the breach of a contract to deliver 700 tons of sheet steel. The liability of the defendant on the contract made by its agent was determined adversely to it when the case was here before. See 197 Pa. 491. The main contention at this trial was as to the assessment of damages.
When the contract was made, the defendant was informed that the sheets were bought by the plaintiff to fill orders which it had accepted. After delivery was refused by the defendant, the plaintiff went into the open market and purchased all the…
2Cases cited3 opinions
- Theiss v. WeissSupreme Court of Pennsylvania · 1895
- Arnold v. BlabonSupreme Court of Pennsylvania · 1892
- Pittsburg Sheet Manufacturing Co. v. West Penn Sheet Steel Co.Supreme Court of Pennsylvania · 1901
3Cited by12 opinions
- Seward v. Pennsylvania Salt Manufacturing Co.Supreme Court of Pennsylvania · 1920
- Norwood Lumber Corporation v. McKeanCourt of Appeals for the Third Circuit · 1946
- United States v. Palmer & Parker Co.Court of Appeals for the First Circuit · 1932
- Gore Products v. Texas N. O. R. Co.Louisiana Court of Appeal · 1948
- Crowley v. Burns Boiler & Manufacturing Co.Supreme Court of Minnesota · 1907
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