Noble v. Erwin
Superior Court of Pennsylvania
Appeal, No. 63, Oct. T., 1911, by plaintiff, from judgment of C. P. Northampton Co., July T., 1909, No. 8, on verdict for defendant in case of W. K. Noble, doing business under the name of The Wayne Hoop Company, v. Henry Erwin, William Erwin and Harry Erwin, copartners trading as Henry Erwin & Sons. Assumpsit for goods sold and delivered. Before Scott, P. J. The opinion of the Superior Court states the case. Verdict and judgment for the defendants. Plaintiff appealed.
Read the full summary
Appeal, No. 63, Oct. T., 1911, by plaintiff, from judgment of C. P. Northampton Co., July T., 1909, No. 8, on verdict for defendant in case of W. K. Noble, doing business under the name of The Wayne Hoop Company, v. Henry Erwin, William Erwin and Harry Erwin, copartners trading as Henry Erwin & Sons. Assumpsit for goods sold and delivered. Before Scott, P. J. The opinion of the Superior Court states the case. Verdict and judgment for the defendants. Plaintiff appealed. Errors assigned among others were in permitting the case to be tried without a plea filed, and in refusing binding…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action to recover the price of goods sold and delivered. The correspondence showed that defendants ordered of plaintiff a quantity of “strictly first class coiled elm hoops — the best it is possible to get” and that the plaintiff agreed to furnish, “nice, bright No. 1 stock.” There was ample evidence (1) that there are three distinct classes of hoops known to the trade, namely, *74“No. 1, No. 2, and junk,” and that these three classes differ in kind, not merely in quality or goodness; (2) that the hoops delivered were of the kind known as junk; and (3) that the…
2Cases cited2 opinions
- Armstrong v. DescalziSuperior Court of Pennsylvania · 1911
- Barker v. McCrearySupreme Court of Pennsylvania · 1870
3Cited by4 opinions
- Luella Coal & Coke Co. v. GanoSuperior Court of Pennsylvania · 1915
- Samuel v. Delaware River Steel Co.Superior Court of Pennsylvania · 1918
- Kowalewski v. MarkowskiSuperior Court of Pennsylvania · 1925
- Jones v. CarriganSuperior Court of Pennsylvania · 1915