Luella Coal & Coke Co. v. Gano
Superior Court of Pennsylvania
Appeal, No. 270, Oct. T., 1914, by defendant, from order of O. P. No. 5, Philadelphia Co., June T., 1914, No. 4498, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Luella Coal & Coke Company v. Cano, Moore & Company. Assumpsit for coal sold and delivered. Rule for judgment for want óf a sufficient affidavit of defense.
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Appeal, No. 270, Oct. T., 1914, by defendant, from order of O. P. No. 5, Philadelphia Co., June T., 1914, No. 4498, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Luella Coal & Coke Company v. Cano, Moore & Company. Assumpsit for coal sold and delivered. Rule for judgment for want óf a sufficient affidavit of defense. The material portions of the affidavit of defense were as follows: Defendant avers that instead of shipping Luella slack coal as called for in the contract and in the said order, “Exhibit F,” the plaintiff on the thirtieth and…
1Opinion of the Court
Opinion by
Kephart, J.,
This was an action brought to recover the price of slack coal sold to the defendant. The affidavit of defense averred that the coal was of “inferior quality and character containing a large amount of foreign matter,” such as “rubbish, rock, slate,” etc. When the coal reached its destination, Cleveland, it was rejected by the defendant, and the plaintiff was thereupon notified. To prevent demurrage and reduce the plaintiff’s loss, defendant paid the freight and demurrage and sold the coal to a company in Lorain, Ohio, “for the best price obtainable,” being twenty cents…
2Cases cited6 opinions
- Washington N. Gas Co. v. JohnsonSupreme Court of Pennsylvania · 1889
- Ziegler v. McFarlandSupreme Court of Pennsylvania · 1892
- Bernstein v. HirschSuperior Court of Pennsylvania · 1907
- Estes v. KauffmanSuperior Court of Pennsylvania · 1910
- Armstrong v. DescalziSuperior Court of Pennsylvania · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Samuel v. Delaware River Steel Co.Superior Court of Pennsylvania · 1918
- Slattery v. CarrollSuperior Court of Pennsylvania · 1919
- Wilkey v. Fayette Fuel Co., Pennsylvania Court of Common Pleas, Fayette County1923