Groetzinger's Sons v. W. L. Kann & Co.
Supreme Court of Pennsylvania
Appeal, No. 241, Oct. T., 1894, by defendant, from judgment of C. P. No. 2, Allegheny Co., April T., 1892, No. 311, on verdict for plaintiff. Assumpsit for price of leather. Before Magee, J. At the trial defendant claimed that the leather furnished by plaintiff was not thoroughly tanned, and that it was unmerchantable.
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Appeal, No. 241, Oct. T., 1894, by defendant, from judgment of C. P. No. 2, Allegheny Co., April T., 1892, No. 311, on verdict for plaintiff. Assumpsit for price of leather. Before Magee, J. At the trial defendant claimed that the leather furnished by plaintiff was not thoroughly tanned, and that it was unmerchantable. The court overruled the following offers of testimony made by defendant’s counsel: “ I offer to prove by the witness on the stand, W. L. Kann, that for two years prior to Feb. 5, 1891, he had been buying harness leather from plaintiffs in this case ; that harness leather is a…
1Opinion of the Court
Opinion by
Mb,. Justice Green,
When the plaintiff wrote to the defendants on February 19, 1891, “ our leather is now thoroughly tanned; will re-ship on Saturday hoping the same will exist as before,” and the defendant, replying thereto, on Feb. 20, 1891, wrote, “ but if *582your leather is thoroughly tanned now and all right in other respects we would take it as before' in order to have it when trade will be better,” etc., the subject of the negotiation between them must be considered as “ thoroughly tanned leather.” That is what the defendant was willing to buy, and that was what the plaintiffs…
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