Jones v. Jennings Bros. & Co.
Supreme Court of Pennsylvania
Appeal No. 111, Oct. T., 1894, by defendants, from judgment of C. P. No. 8, Allegheny Co., May T., 1892, No. 707, on verdict for plaintiffs. Assumpsit for goods sold and delivered. Before Porter, J. At the trial plaintiffs claimed to recover the value of two car loads of steel scrap alleged to have been furnished under the following order: “ Jennings Brothers & Company, Limited, “ Office, Preble Avenue, Allegheny, P. 0., Pittsburg.
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Appeal No. 111, Oct. T., 1894, by defendants, from judgment of C. P. No. 8, Allegheny Co., May T., 1892, No. 707, on verdict for plaintiffs. Assumpsit for goods sold and delivered. Before Porter, J. At the trial plaintiffs claimed to recover the value of two car loads of steel scrap alleged to have been furnished under the following order: “ Jennings Brothers & Company, Limited, “ Office, Preble Avenue, Allegheny, P. 0., Pittsburg. “No. 1,955. Pittsburg, Pa., Dec. 1, 1891. “ Messrs. J. B. Jones & Bro. “ Please furnish us with the following: — In our yard on Preble avenue, Allegheny, about…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The scrap steel for the price of which this action was brought was sold by sample and to be delivered to the defendants at the place designated in the order for it. This sample was subjected to a chemical analysis, and as it proved to be satisfactory the merchandise in question was ordered on the faith of it. The material shipped in pursuance of the order did hot correspond in quality with the sample and the defendants refused to accept it. The contract was executory and the ownership of the property was not changed by it. The title to the latter remained in the…
2Cases cited2 opinions
- F. B. Fogel & Co. v. BrubakerSupreme Court of Pennsylvania · 1888
- Unexcelled Fire-Wks. Co. v. PolitesSupreme Court of Pennsylvania · 1890
3Cited by15 opinions
- Norwood Lumber Corporation v. McKeanCourt of Appeals for the Third Circuit · 1946
- Frank Pure Food Co. v. DodsonSupreme Court of Pennsylvania · 1924
- Sharpsville Furnace Co. v. SnyderSupreme Court of Pennsylvania · 1909
- Dodd v. StewartSupreme Court of Pennsylvania · 1923
- Barnett v. BeckerSuperior Court of Pennsylvania · 1904
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