Legal Opinion
Industrial Rayon Corp. v. Clifton Yarn Mills, Inc.
Supreme Court of Pennsylvania
Decided December 8, 1932No. Appeal, 318PublishedCited by 6 opinions
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
This is an action to recover the price of certain inferior rayon yarn, sold by plaintiff to defendant. The principal issue between the parties was whether the sale was “as is and not returnable and without price guarantee,” as plaintiff averred, or according to “sample,” as defendant asserted. The trial judge told the jury that plaintiff could not recover unless they found the contract to be an “as is” contract. Their verdict for plaintiff, which was, as to this point, justified by the evidence, was, therefore, a finding that the sale was “as is and not…
2Cases cited6 opinions
- Whitney v. BoardmanMassachusetts Supreme Judicial Court · 1875
- Heller v. Royal Ins. Co.Supreme Court of Pennsylvania · 1892
- Morris Run Coal Co. v. Carthage Sulphite Pulp & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1924
- S. Stroock & Co. v. Joseph Lichtenthal, Inc.Appellate Division of the Supreme Court of the State of New York · 1928
- Schwartz v. KohnAppellate Terms of the Supreme Court of New York · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Lessy v. Great Atlantic & Pacific Tea Co.Superior Court of Pennsylvania · 1935
- Morningstar v. HallettSuperior Court of Pennsylvania · 2004
- Anstine v. McWilliamsWashington Supreme Court · 1945
- Appalachian Land and Conservation Services v. Porter Equipment Co.District Court, M.D. Pennsylvania · 2026
- Silver, B. v. Porsche of the Main LineSuperior Court of Pennsylvania · 2015
1 more not listed; retrieve them via the Exa API.