Braddock Glass Co. v. Irwin & Co.
Supreme Court of Pennsylvania
Appeal, No. 25, Oct. T., 1892, by defendants, Chas. I. Travelli, C. P. Tiers and Geo. W. Irwin, trading as James Irwin & Co., from judgment of C. P. No. 2, Allegheny Co., July T., 1880, No. 447, on verdict for plaintiffs, W. R. McCloy et al., trading as Braddock Glass Co., Limited. Assumpsit for goods sold and alleged to have been delivered.
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Appeal, No. 25, Oct. T., 1892, by defendants, Chas. I. Travelli, C. P. Tiers and Geo. W. Irwin, trading as James Irwin & Co., from judgment of C. P. No. 2, Allegheny Co., July T., 1880, No. 447, on verdict for plaintiffs, W. R. McCloy et al., trading as Braddock Glass Co., Limited. Assumpsit for goods sold and alleged to have been delivered. At the trial, before Magee, J., the evidence tended to establish the following facts: On May 1, 1889, the senior member of plaintiffs’ firm went to the office of defendants, who were manufacturers of and dealers in chemicals in the city of Pittsburgh and…
1Opinion of the Court
Opinion by
Mr. Justice Stebbett,
Defendants’ contention was that the goods, for the price of which this suit was brought, were to be delivered to them by the plaintiff company at the Forty-third Street station of the Junction Railroad Company in Pittsburgh. The evidence tended to prove that such was the contract between the parties. No delivery at that point was shown. On the contrary, it appeared that neither the plaintiff nor the railroad company delivered or offered to deliver them there when defendants were *443entitled to receive them. In view of the evidence, from which the jury would have…
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