Salonic v. Weiswasser
Superior Court of Pennsylvania
Appeal, No. 240, Oct. T., 1923, by defendant, from judgment of O. P. No. 5, Phila. Co., June T., 1922, No. 7852, on verdict for the plaintiff in the case of Philip Salonic, trading as Acme Knitting Mills, v. A. M. Weiswasser, trading as Leonard Machine Company. Assumpsit for breach of contract. Before Martin, P. J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff in the sum of $1,608.47 and judgment thereon. Defendant appealed.
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Appeal, No. 240, Oct. T., 1923, by defendant, from judgment of O. P. No. 5, Phila. Co., June T., 1922, No. 7852, on verdict for the plaintiff in the case of Philip Salonic, trading as Acme Knitting Mills, v. A. M. Weiswasser, trading as Leonard Machine Company. Assumpsit for breach of contract. Before Martin, P. J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff in the sum of $1,608.47 and judgment thereon. Defendant appealed. Error assigned was refusal of defendant’s motion for judgment non obstante veredicto.
1Opinion of the Court
Opinion by
Keller, J.,
Plaintiff alleged a breach of contract in the sale to him by defendant, of a knitting machine and sued to recover the purchase price paid together with the wages of the operator employed by him in a fruitless effort to make it work.
The only issue before the jury was whether, if properly operated, the machine would make grenadine cloth. They were instructed that if the failure was due to lack of skill on the part of the operator of the machine, the verdict should be for the defendant. Their verdict established a finding that it could not be made to work.
Defendant now asks…
2Cases cited6 opinions
- Armstrong & Latta v. City of PhiladelphiaSupreme Court of Pennsylvania · 1915
- Weiskircher v. ConnellySupreme Court of Pennsylvania · 1917
- Hanley v. WaxmanSuperior Court of Pennsylvania · 1922
- Thompson v. DeLongSuperior Court of Pennsylvania · 1919
- Flyte v. StoverSuperior Court of Pennsylvania · 1919
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Kaufmann's EstateSupreme Court of Pennsylvania · 1924
- Orga Et Vir v. Pittsburgh Rys. Co.Superior Court of Pennsylvania · 1944