Wetherill Bros. v. Erwin
Superior Court of Pennsylvania
Appeal, No. 199, Oct. T., 1899, by defendants, from judgment of C. P. Northampton Co., July T., 1898, No. 73, on verdict for plaintiffs. Assumpsit. Before Scott, J. The pleadings were not printed in the paper-books.
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Appeal, No. 199, Oct. T., 1899, by defendants, from judgment of C. P. Northampton Co., July T., 1898, No. 73, on verdict for plaintiffs. Assumpsit. Before Scott, J. The pleadings were not printed in the paper-books. The facts sufficiently appear from the charge of the court below, which is as follows : The plaintiffs seek to recover from defendants the sum of' $60.05, being a balance claimed by them to be due in consequence of a sale of white lead, made under a contract in 1897, wherein it is claimed by the plaintiffs that this balance remains unpaid, and the defendants claim that the whole…
1Opinion of the Court
Opinion by
Rice, P. J.,
1. The plaintiffs’ general price list for the year 1896, sent out to their customers, contained a clause stating that a rebate of one fourth cent per pound would be allowed on purchases of twelve tons or over of “pure white lead in oil,” but offered no rebate on purchases of “ dry white lead.” Their price list for the year 1897, after quoting the prices and stating the discounts that would be allowed, contained the clause, out of which this litigation has arisen: “ Conditions as heretofore.” The question whether the defendants were entitled to a rebate on purchases of “…
2Cases cited5 opinions
- Abbott v. DoaneMassachusetts Supreme Judicial Court · 1895
- Home B. & L. Ass'n v. KilpatrickSupreme Court of Pennsylvania · 1891
- Walton v. CaldwellSuperior Court of Pennsylvania · 1897
- Chicago Cottage Organ Co. v. McManigalSuperior Court of Pennsylvania · 1898
- McCord v. WhitacreSuperior Court of Pennsylvania · 1898
3Cited by5 opinions
- Specker v. Sun Ray Drug Co.Superior Court of Pennsylvania · 1948
- Grasselli Chemical Co. v. Biddle Purchasing Co.Superior Court of Pennsylvania · 1903
- Alexander v. BuckwalterSuperior Court of Pennsylvania · 1901
- Winters v. SchmitzSuperior Court of Pennsylvania · 1908
- Boon & Hill Co. v. Prudential Trust Co.Superior Court of Pennsylvania · 1909