Barclay v. Tracy
Supreme Court of Pennsylvania
ERROR to the District Court of the city and county of Philadelphia. This action was brought by Andrew C. Barclay and John M. Kennedy, trading as A. C. Barclay & Co., against Michael Tracy, to recover the amount of the loss sustained by the plaintiffs on the resale of certain grapes bought by the defendant at a former sale at auction.
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ERROR to the District Court of the city and county of Philadelphia. This action was brought by Andrew C. Barclay and John M. Kennedy, trading as A. C. Barclay & Co., against Michael Tracy, to recover the amount of the loss sustained by the plaintiffs on the resale of certain grapes bought by the defendant at a former sale at auction. It appeared that the plaintiffs having received a cargo of fruit, placed it in the hands of Richards & Bispham to be sold by auction ; and that on the 11th of October 1838, the defendant bought of them at auction 100 half-boxes of raisins at $1.10 per box; 50…
1Opinion of the Court
The opinion of the court was delivered by
Huston, J.
This suit was brought to compel the defendant to pay for some fruit bought at auction. At a sale of the fruit brought in the brig Echo, made by Richards & Bispham, the defendant bought, on the 11th of October 1838, 100 half-boxes of *47raisins at $1.10, $110; 50 quarter-boxes of raisins at 62J cents, $31.25; 95 kegs of raisins at $4, $380; 50 frails of figs, $61; 230 half-kegs of grapes at $2.55, $586.50. The terms of sale were, under $500, cash—of $500 to $1000, ninety days—over $1000, four months. Mr Tracy took and paid for all the articles…
2Cases cited2 opinions
- Stoddart v. SmithSupreme Court of Pennsylvania · 1812
- Pyle v. PennockSupreme Court of Pennsylvania · 1841
3Cited by2 opinions
- Lippincott v. LowSupreme Court of Pennsylvania · 1871
- Jenness v. WendellSupreme Court of New Hampshire · 1871