Pittsburg Steel Foundry v. Pittsburg Steel Co.
Supreme Court of Pennsylvania
Appeal, No. 188, Oct. T., 1908, by plaintiff, from judgment of C. P. No. 2, Allegheny Co., July T., 1902, No. 392, on verdict for plaintiff on case tried by the court without a jury in suit of The Pittsburg Steel Foundry v. The Pittsburg Steel Company. Assumpsit for breach of contract. By agreement of the parties the case was tried by Shaper, J., without a jury.
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Appeal, No. 188, Oct. T., 1908, by plaintiff, from judgment of C. P. No. 2, Allegheny Co., July T., 1902, No. 392, on verdict for plaintiff on case tried by the court without a jury in suit of The Pittsburg Steel Foundry v. The Pittsburg Steel Company. Assumpsit for breach of contract. By agreement of the parties the case was tried by Shaper, J., without a jury. From the record it appeared that the contract for the breach of which suit was brought, was as follows: “Agreement made this 30th day of June, 1899, by and between The Pittsburg Steel Foundry, a corporation under the Laws of the State…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This was an action brought to recover the amount of an award, and also for damages for the breach of a contract. A jury was waived by agreement of the parties, and the case was heard by the court. It appears .from the evidence, that the contract entered into between the plaintiff, the foundry company, and the defendant, the steel company, was an absolutely safe one in so far as the foundry company was concerned, provided it produced the steel ingots in the quantity and of the quality required. It ran no risk of loss, for it was to receive as compensation a profit…
2Cited by3 opinions
- In Re Oscar Nebel Co.Court of Appeals for the Third Circuit · 1941
- Rees v. R. A. Bowers Co.Supreme Court of Pennsylvania · 1924
- Porreca v. FreemanCourt of Appeals for the Third Circuit · 1941