Riess v. Myers
Superior Court of Pennsylvania
Appeal, No. 168, Oct. T., 1913, by plaintiff, from judgment of C. P. No. 4, Phila. Co., March T., 1912, No. 5,966, on certificate.for defendant in case of Charles E. Riess, trading as Charles E. Riess & Co., v. J. Max Myers. Assumpsit for automobile supplies sold and delivered.
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Appeal, No. 168, Oct. T., 1913, by plaintiff, from judgment of C. P. No. 4, Phila. Co., March T., 1912, No. 5,966, on certificate.for defendant in case of Charles E. Riess, trading as Charles E. Riess & Co., v. J. Max Myers. Assumpsit for automobile supplies sold and delivered. Before Audenried, J. At the trial the defendant claimed as a set-off damages alleged to have been sustained by him through the failure of the plaintiff to deliver a number of “Marion Cars” which the plaintiff had agreed to deliver to him, and which he himself had resold. When John Max Myers, the defendant was on the…
1Opinion of the Court
Opinion by
Porter, J.,
This action was brought to recover the amount of a promissory note made by the defendant, and, also, a balance due upon book account for automobile supplies sold and delivered by the plaintiff to the defendant. The defendant presented as a set-off against the claim damages alleged to have been sustained by him through the failure of the plaintiff to deliver a number of automobiles in accordance with the terms of a written contract between them. At the trial it was conceded that the claim of the defendant, if well founded, was of a character which permitted it to be set…
2Cases cited9 opinions
- Warren v. StoddartSupreme Court of the United States · 1882
- Wilson v. WernwagSupreme Court of Pennsylvania · 1907
- Saxe v. . Penokee Lumber Co.New York Court of Appeals · 1899
- Theiss v. WeissSupreme Court of Pennsylvania · 1895
- Pittsburg Sheet Manufacturing Co. v. West Penn Sheet Steel Co.Supreme Court of Pennsylvania · 1902
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