Hutchinson Baking Co. v. Marvel
Supreme Court of Pennsylvania
Appeal, No. 397, Jan. T., 1921", by plaintiff, from judgment of C. P. No. 4, Phila. Co., June T., 1920, No. 4981, for defendant on statutory demurrer, in case of Hutchinson Baking Co. y. P. A. Marvel. Assumpsit for breach of contract. Buie for judgment for want of a sufficient affidavit of defense. The opinion of the Supreme Court states the facts.
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Appeal, No. 397, Jan. T., 1921", by plaintiff, from judgment of C. P. No. 4, Phila. Co., June T., 1920, No. 4981, for defendant on statutory demurrer, in case of Hutchinson Baking Co. y. P. A. Marvel. Assumpsit for breach of contract. Buie for judgment for want of a sufficient affidavit of defense. The opinion of the Supreme Court states the facts. Finletter, J., filed the following judgment: “October 20, 1920, being of opinion that the defendant’s affidavit of defense presents a good defense on the law to the whole of plaintiff’s claim, judgment is entered for defendant.” Plaintiff appealed.…
1Opinion of the Court
Opinion by
Mr. Justice Sadler,
The plaintiff brought this action in assumpsit to recover damages for the breach of a contract of sale. Its right depends on the construction to be placed upon the dealings between the parties as disclosed by the record. An offer was made to purchase at a fixed price “150 barrels of skimmed condensed milk, Government Standard.” This proposition was accepted in a letter which stated: “This order subject to approval of a 5-barrel sample, which we will ship at once to you.” The vendor failed to forward the sample, and, on request, refused to do so. The plaintiff then…
2Cases cited4 opinions
- Morse v. Tillotson & Wolcott Co.Court of Appeals for the Second Circuit · 1918
- Shifferstine v. SitlerSupreme Court of Pennsylvania · 1919
- Sloan Corp. v. LintonSupreme Court of Pennsylvania · 1918
- Pennsylvania Lubricating Co. v. WilhelmSupreme Court of Pennsylvania · 1917
3Cited by29 opinions
- Rhodes v. TerheydenSupreme Court of Pennsylvania · 1922
- Steel v. LevySupreme Court of Pennsylvania · 1925
- Prettyman v. IrwinSupreme Court of Pennsylvania · 1922
- Rudman Et Ux. v. City of ScrantonSuperior Court of Pennsylvania · 1934
- Central Iron & Steel Co. v. HarrisburgSupreme Court of Pennsylvania · 1921
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