Moneyweight Scale Co. v. Woodward
Superior Court of Pennsylvania
Appeal, No. 238, April T., 1905, by-plaintiff, from judgment of C. P. Washington Co., May T., 1904, No. 184, on verdict for defendant in case of Money weight Scale Company v. S. L. Woodward. Assumpsit on a contract of bailment. Before Taylor, J. At the trial it appeared that the contract on which the suit was based was as follows : . “ Notice : — No Scales Shipped on Trial. “ Glass Platform L. M. P. “ To The Moneyweight Scale Co. “47 State Street, Chicago, III.
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Appeal, No. 238, April T., 1905, by-plaintiff, from judgment of C. P. Washington Co., May T., 1904, No. 184, on verdict for defendant in case of Money weight Scale Company v. S. L. Woodward. Assumpsit on a contract of bailment. Before Taylor, J. At the trial it appeared that the contract on which the suit was based was as follows : . “ Notice : — No Scales Shipped on Trial. “ Glass Platform L. M. P. “ To The Moneyweight Scale Co. “47 State Street, Chicago, III. P. O. Address Aug. 13, 1903. “ Please ship to me addressed as follows: S. L. Woodward, P. O. Lock No. 4, as soon as possible, F. O.…
1Opinion of the Court
Opinion by
Portee,, J.,
The zeal of counsel introduced into the trial of this case a contest between rival scale manufacturers,,and the result was to obscure the material facts and mislead the court as to the issue.
The contract, between the parties, which consisted of a written order for “ one No. 63 Computing Scale,” signed by the defendant and accepted by the plaintiff was unquestionably a bailment and not a sale. The interests of the parties only are here involved, and the contract must be held to be just what it purports to be. The order of the defendant addressed to the plaintiff directed…
2Cases cited12 opinions
- Thomas & Sons v. Loose, Seaman & Co.Supreme Court of Pennsylvania · 1886
- Wodock v. RobinsonSupreme Court of Pennsylvania · 1892
- Leaming v. WiseSupreme Court of Pennsylvania · 1873
- Morgan v. McKeeSupreme Court of Pennsylvania · 1875
- Howard v. TurnerSupreme Court of Pennsylvania · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Kinter v. Commonwealth Trust Co.Supreme Court of Pennsylvania · 1922
- Elk Textile Co. v. CohenSuperior Court of Pennsylvania · 1921
- Jacobsohn v. CareySuperior Court of Pennsylvania · 1915
- McConnellsburg Water Co. v. Taylor, Pennsylvania Court of Common Pleas, Fulton County1934