McCosh v. Michael Wax

Opinion by

Linn, J.,

Appellant complains of the refusal to take off a non-shit. It was entered for lack of proof of loss. The action was assumpsit for refusal to accept flour alleged to' have been sold to defendant. The contract, tender by plaintiff, and refusal to receive were proved by reading into the record appropriate averments in the statement of claim and the admissions in the affidavit of defense.

In proof of loss, to show the market value of the flour at the breach of contract, appellant offered in evidence paragraph 6 of the statement of claim with the corresponding paragraph of the…