Blakeslee Manufacturing Co. v. Hilton
Superior Court of Pennsylvania
Appeal, No. 11, Feb. T., 1897, by defendants from judgment of O. P. McKean Co., Feb. T., 1896, No. 89, for want of a sufficient affidavit of defense. Assumpsit for goods sold and delivered.
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Appeal, No. 11, Feb. T., 1897, by defendants from judgment of O. P. McKean Co., Feb. T., 1896, No. 89, for want of a sufficient affidavit of defense. Assumpsit for goods sold and delivered. Before Morrison, J. The facts appear from the following extract of the opinion of the court below and opinion of Superior Court: This is an action in assumpsit, brought by the Blakeslee Manufacturing Company, a corporation organized and doing business under the laws of the state of Illinois, to recover from the defendant the price and value of one steam pump, alleged to have been sold and delivered free on…
1Opinion of the Court
Opinion by
Wickham, J.,
It is averred, in the plaintiff’s statement of claim, that the contract for the pump, which gave rise to this action, was made on or about April 3, 1895 ; that the pump was to be delivered “free on board cars at Du quoin in the state of Illinois,” that it was so delivered on Or about April 16,1895, properly marked, and on the same day the bill of lading was mailed to the defendants, that on or about May 25, 1895, it was actually received and accepted by the defendants and at the time suit was brought was in their possession and use.
No one of the above allegations is…
2Cases cited11 opinions
- Robbins v. Shelby County Taxing DistrictSupreme Court of the United States · 1887
- Welton v. MissouriSupreme Court of the United States · 1876
- Cooper Manufacturing Co. v. FergusonSupreme Court of the United States · 1885
- Brennan v. TitusvilleSupreme Court of the United States · 1894
- Pembina Consolidated Silver Mining & Milling Co. v. PennsylvaniaSupreme Court of the United States · 1888
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3Cited by24 opinions
- Harrell v. Peters Cartridge Co.Supreme Court of Oklahoma · 1913
- Meaker Galvanizing Co. v. Charles E. McInnes & Co.Supreme Court of Pennsylvania · 1922
- Fuller v. AllenSupreme Court of Oklahoma · 1915
- W. B. Mearshon & Co. v. Pottsville Lumber Co.Supreme Court of Pennsylvania · 1898
- Hertzler v. GeigleySupreme Court of Pennsylvania · 1900
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