Clymer-Jones Lithograph Co. v. United States Fashion & Sample Book Co.
Superior Court of Pennsylvania
Appeal, No. 152, Oct. T., 1911, by defendant^ from judgment of C. P. No. 2, Phila. Co., March T., 1910, No. 4,407, on verdict for plaintiff in case of Clymer-Jones Lithograph Company v. United States Fashion & Sample Book Company. Assumpsit for work done. Before Wiltbank, J. At the trial there was evidence that the action was brought for a balance alleged to be due for printing and lithographing.
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Appeal, No. 152, Oct. T., 1911, by defendant^ from judgment of C. P. No. 2, Phila. Co., March T., 1910, No. 4,407, on verdict for plaintiff in case of Clymer-Jones Lithograph Company v. United States Fashion & Sample Book Company. Assumpsit for work done. Before Wiltbank, J. At the trial there was evidence that the action was brought for a balance alleged to be due for printing and lithographing. The evidence showed that the printing was done from plates furnished by the defendant, and that the work was approved by the defendant's representative as it progressed. The plaintiff claimed in its…
1Opinion of the Court
Opinion by
Rice, P. J.,
This action of assumpsit was brought to recover a balance alleged to be due for printing and lithographing done by the plaintiff for the defendant. The defendant set up, as one branch of its defense, that the work was done so imperfectly that the goods delivered were not salable; that upon complaint being made by the defendant at the time of delivery, the parties orally agreed that the defendant should sell such of the goods as it could, and at the end of the year, to which time settlement was to be postponed, should pay for such as it had sold, and have credit for such…
2Cases cited6 opinions
- Eckel v. MurpheySupreme Court of Pennsylvania · 1851
- Wilkinson Manufacturing Co. v. WeldeSupreme Court of Pennsylvania · 1900
- Brown v. FosterSupreme Court of Pennsylvania · 1866
- Harris v. LiggetSupreme Court of Pennsylvania · 1841
- A. & S. Wilson Co. v. ReighardSupreme Court of Pennsylvania · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Tarentum Lumber Co. v. MarvinSuperior Court of Pennsylvania · 1915
- Calvey v. CoyerSuperior Court of Pennsylvania · 1936
- Silverman v. BullockSuperior Court of Pennsylvania · 1949