Atlantic Refining Co. v. Fisher
Superior Court of Pennsylvania
Appeal, No. 10, Jan. T., 1910, by plaintiff, from judgment of C. P. Lycoming Co., Dec. T., 1908, No. 366, on verdict for defendant in case of Atlantic Refining Company v. C. K. Fisher. Assumpsit for goods sold and delivered. Before Ormerod, P. J., specially presiding. The facts appear by the opinion of the Superior Court. Verdict and judgment for defendant.
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Appeal, No. 10, Jan. T., 1910, by plaintiff, from judgment of C. P. Lycoming Co., Dec. T., 1908, No. 366, on verdict for defendant in case of Atlantic Refining Company v. C. K. Fisher. Assumpsit for goods sold and delivered. Before Ormerod, P. J., specially presiding. The facts appear by the opinion of the Superior Court. Verdict and judgment for defendant. Errors assigned were in refusing binding instructions for plaintiff and in refusing judgment for plaintiff non obstante veredicto.
1Opinion of the Court
Opinion by
Oblady, J.,
■ On June 11, 1907, the plaintiff shipped two barrels of paint to the defendant, which were' received and the freight charges thereon paid by the defendant within a few days. In December of that year payment for the paint was demanded and a draft made on the defendant, which was not paid. A few days later in reply to a letter from the plaintiff, the defendant wrote as follows: “Your letter is before me. I was not at home when the draft came to hand, and I must now ask you to kindly prolong the time until Spring. When I gave this order, I told him I had a lot of paint on…
2Cases cited5 opinions
- Cox v. RogersSupreme Court of Pennsylvania · 1874
- Mann v. SalsbergSuperior Court of Pennsylvania · 1901
- Standard Interlock Elevator Co. v. WilsonSupreme Court of Pennsylvania · 1907
- Keating v. OrneSupreme Court of Pennsylvania · 1875
- Union Trust Co. v. CainSuperior Court of Pennsylvania · 1905