Merrick Thread Co. v. Philadelphia Shoe Manufacturing Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Philadelphia county: ' Of January Term, 1887, No. 138. This was an action of assumpsit brought by the Merrick Thread Company against the Philadelphia Shoe Manufacturing Company for goods sold and delivered from November 11th, 1882, to April 3d, 1884, amounting to 1969.09. The defendant pleaded payment and subsequently accord and satisfaction.
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Error to the Court of Common Pleas, No. 2, of Philadelphia county: ' Of January Term, 1887, No. 138. This was an action of assumpsit brought by the Merrick Thread Company against the Philadelphia Shoe Manufacturing Company for goods sold and delivered from November 11th, 1882, to April 3d, 1884, amounting to 1969.09. The defendant pleaded payment and subsequently accord and satisfaction. The following are the facts as they appearaed on the trial of the case: The Merrick Thread Company is a corporation. Franklin S. Hovey is its agent for the sale of goods in Philadelphia. The goods are…
1Opinion of the CourtJustice Trunkey
*318The plaintiffs demand is admitted. To defeat the action the defendant alleges a contract made with the plaintiffs agent who sold the goods, for sale of twenty-five shares of stock at the par value of $1,250 to be paid by credit of purchases of goods from the plaintiff. Previous to the time of making this contract the defendant had repeatedly purchased goods from the same agent of the plaintiff, always to be paid for in money.
It is not pretended that the agent had authority to buy the stock for his principal. The written proposition of the defendant contemplated an acceptance of the stock by…
2Cases cited1 opinion
- Keough v. LeslieSupreme Court of Pennsylvania · 1880
3Cited by2 opinions
- Shields v. HitchmanSupreme Court of Pennsylvania · 1916
- Pollock v. Standard Steel Car Co.Supreme Court of Pennsylvania · 1911