Wilson v. Wernwag
Supreme Court of Pennsylvania
Appeal, No. 96, Jan. T., 1906, by defendants, from order of C. P. No. 1, Pbila. Co., Pec. T., 1895, No. 900, dismissing exceptions to report of referee in case of Thomas H. Wilson v. Theodore Wernwag and T. Russell Pawson, trading as Wernwag & Pawson. Assumpsit for breach of contract.
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Appeal, No. 96, Jan. T., 1906, by defendants, from order of C. P. No. 1, Pbila. Co., Pec. T., 1895, No. 900, dismissing exceptions to report of referee in case of Thomas H. Wilson v. Theodore Wernwag and T. Russell Pawson, trading as Wernwag & Pawson. Assumpsit for breach of contract. The case was referred to Charles E. Morgan, Ji\, Esq., as referee under act of May 14, 1874. The referee filed a report in favor of plaintiff for $7,389.44. The facts are stated in the opinion of the Supreme Court. Errors assigned• were in dismissing exceptions to referee’s report, and in entering judgment for…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an action of assumpsit to recover damages for an. alleged breach of contract. The plaintiff was a manufacturer of woolen goods, in the city of Philadelphia. The defendants were commission merchants and carried on the business in Philadelphia and New York. For a few years prior to 1890, they were the sole consignees and agents of the plaintiff in selling his goods, for which they received a fixed percentage of the amount of sales made as compensation for their services. On December 12, 1890, the plaintiff submitted certain propositions to the defendants…
2Cases cited10 opinions
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