Stutz v. Loyalhanna Coal & Coke Co.
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT EROM THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 280 October Term 1889, Sup. Ct.; court below, No. 81 March Term 1888, C. P. No. 1. On January 2, 1888, a summons in assumpsit was served in an action brought by Sebastian Stutz against The Loyalhanna Coal & Coke Company. Issue.
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APPEAL BY DEFENDANT EROM THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 280 October Term 1889, Sup. Ct.; court below, No. 81 March Term 1888, C. P. No. 1. On January 2, 1888, a summons in assumpsit was served in an action brought by Sebastian Stutz against The Loyalhanna Coal & Coke Company. Issue. At the trial on November 6, 1888, it was made to appear that on October 16, 1886, a contract in writing was entered into between the parties, by which the plaintiff, in consideration of the sum of $12,990, payable $6,495 as soon as the machinery was ready for shipment, and $6,495 as soon…
1Opinion of the Court
Per Curiam :
The contract between the parties; by which the plaintiff agreed to furnish the defendant with certain machinery, stipulated that said machinery was “ to be first-class in all particulars, and perform in a satisfactory manner.” This means satisfactory to the defendant: Singerly v. Thayer, 108 Pa. 291; Seeley v. Welles, 120 Pa. 69. That the machinery was not satisfactory to the defendant abundantly appears, and it had the right to return it at the expiration of the thirty days allowed by the contract for a trial of its efficiency. It did not return it, however, but continued to use…
2Cases cited2 opinions
- Singerly v. ThayerSupreme Court of Pennsylvania · 1885
- Seeley v. WellesSupreme Court of Pennsylvania · 1888
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