Indiana Mfg. Co. v. Hayes
Supreme Court of Pennsylvania
Appeal, No. 66, July T., 1892, by defendant, Robert L. Hayes, from judgment of C. P. Chester Co., Jan. T., 1891, No. 13, on verdict for plaintiff. Assumpsit for goods sold and delivered. Plaintiffs claim on the trial, before Hembhill, J., was for the price of sixty-four refrigerators. Defendant claimed that he had never given the order for the refrigerators, and that it had been wrongfully sent in his name by a salesman of plaintiff.
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Appeal, No. 66, July T., 1892, by defendant, Robert L. Hayes, from judgment of C. P. Chester Co., Jan. T., 1891, No. 13, on verdict for plaintiff. Assumpsit for goods sold and delivered. Plaintiffs claim on the trial, before Hembhill, J., was for the price of sixty-four refrigerators. Defendant claimed that he had never given the order for the refrigerators, and that it had been wrongfully sent in his name by a salesman of plaintiff. Plaintiff introduced evidence tending to show that the refrigerators were accepted by defendant in the manner stated in the opinion of the Supreme Court.…
1Opinion of the Court
Per Curiam,
Conceding that the defendant did not order the goods in question, yet when they arrived, and he was notified that they -were upon the car, it was his duty to notify the plaintiffs of the alleged mistake. Instead of doing so he took the property out of the possession of the railroad company and had it hauled to his own place of business, and after having been fully informed of the shipment and consignment to him he sent a check to the plaintiff company for other merchandise purchased of it, without any reference to the goods in controversy. The case was submitted to the jury under…
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