Burke Electric Co. v. Pennsylvania Light & Power Co.
Superior Court of Pennsylvania
Appeal, No. 195, April T., 1915, by defendant, from judgment of C. P. Allégheny Co., April T., 1913, No. 1980, on verdict for plaintiff in case of Burke Electric Company v. Pennsylvania Light & Power Company. Assumpsit for machinery sold and delivered. Before Carnahan, J. At the trial it appeared that the machinery had been consigned by plaintiff from Erie, Pennsylvania, to the defendant at Allegheny, Pennsylvania.
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Appeal, No. 195, April T., 1915, by defendant, from judgment of C. P. Allégheny Co., April T., 1913, No. 1980, on verdict for plaintiff in case of Burke Electric Company v. Pennsylvania Light & Power Company. Assumpsit for machinery sold and delivered. Before Carnahan, J. At the trial it appeared that the machinery had been consigned by plaintiff from Erie, Pennsylvania, to the defendant at Allegheny, Pennsylvania. The defendant claimed that the machinery had been bought by another corporation named the Oil Recovery Company from which the defendant had bought it for full value. At the trial…
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff’s claim was for payment of certain electrical machinery consigned by it from Erie, to the defendant at Allegheny, Pennsylvania. The defense was that this defendant had not ordered the machinery, that it did not receive or use it, but that it had been ordered by another party, an Oil Recovery Company, which received it, and subsequently sold it to the defendant in this action, and that full payment had been made by this defendant to the Oil Recovery Company.
The defendant is a Pennsylvania, and the Oil Recovery Company an Arizona corporation doing business in…
2Cases cited2 opinions
- Indiana Mfg. Co. v. HayesSupreme Court of Pennsylvania · 1893
- Farley v. KlineSuperior Court of Pennsylvania · 1899
3Cited by4 opinions
- E. I. Du Pont De Nemours & Co. v. TomlinsonCourt of Appeals for the Fourth Circuit · 1924
- Commonwealth v. Grotefend HaunSuperior Court of Pennsylvania · 1924
- Commonwealth v. BardolphSuperior Court of Pennsylvania · 1936
- The Air Scale Co. v. Nock Company, Inc.Superior Court of Pennsylvania · 1929