Barsky v. Lutz & Schramm Co.
Superior Court of Pennsylvania
Appeal, No. 41, April T., 1920, by defendant, from judgment of C. P. Allegheny County, April T., 1917, No. 1185, on verdict for plaintiff in case of H. Barsky v. Lutz & Schramm Company, a Corporation. Assumpsit on written contract. Before Wasson, J. The facts are stated in the opinion of the Superior Court. The court directed a verdict in favor of the plaintiff for $360.81 and entered judgment thereon. Defendant appealed.
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Appeal, No. 41, April T., 1920, by defendant, from judgment of C. P. Allegheny County, April T., 1917, No. 1185, on verdict for plaintiff in case of H. Barsky v. Lutz & Schramm Company, a Corporation. Assumpsit on written contract. Before Wasson, J. The facts are stated in the opinion of the Superior Court. The court directed a verdict in favor of the plaintiff for $360.81 and entered judgment thereon. Defendant appealed. Error assigned was in directing a verdict for the plaintiff.
1Opinion of the Court
Opinion by
Head, J.,
By two written contracts that, for the purpose of this case, are identical in terms, the defendant agreed to sell *451and the plaintiff to buy twenty barrels of sauerkraut at the price per barrel specified in the contracts. We quote two provisions of these contracts which become important in the consideration of the questions involved in this appeal.
1. “The quantity specified herein may be taken in one or more deliveries but all must be prior to February 1, 1917.”
3. “In the event of a short crop of any of the items herein named, Lutz & Schramm Oo. may at their option fill pro…
2Cases cited4 opinions
- Canole v. AllenSupreme Court of Pennsylvania · 1908
- Lautner v. KannSupreme Court of Pennsylvania · 1898
- Lehigh Coal & Navigation Co. v. EvansSupreme Court of Pennsylvania · 1896
- Darrah v. KadisonSuperior Court of Pennsylvania · 1912
3Cited by2 opinions
- Foell Packing Co. v. HarrisSuperior Court of Pennsylvania · 1937
- Chandler v. LaffertySuperior Court of Pennsylvania · 1924