Arco Metalscraft Co. v. Shaw

Opinion by

Mr. Chief Justice Maxey,

This is an appeal from a judgment in favor of the plaintiff in the sum of $5,000, in an action in assumpsit to recover the contract price of 435 market strollers * at $12.75 each, totalling $5,546.25 and $727.20 for certain other manufactured goods admittedly due to plaintiff.

On July 16, 1947, the defendant placed a written order with the plaintiff for 500 market strollers to he manufactured in accordance with an accepted sample. On October 27, 1947, fifty strollers were delivered to the defendant and it was agreed that forty-one of these were defective. They…