Eichelbaum v. Bishop
Superior Court of Pennsylvania
Appeal, No. 226, Oct. T., 1920, by defendant, from judgment of the Municipal Court of Philadelphia, July T., 1919, No. 128, in favor of plaintiff in case tried by the court without a jury, in suit of Michael Eichelbaum and Thomas E. Smith, late trading as Lynchburg Iron & Metal Company, v. J. Y. S. Bishop. Assumpsit for the price of a carload of scrap iron. Before Gorman, J., without a jury. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 226, Oct. T., 1920, by defendant, from judgment of the Municipal Court of Philadelphia, July T., 1919, No. 128, in favor of plaintiff in case tried by the court without a jury, in suit of Michael Eichelbaum and Thomas E. Smith, late trading as Lynchburg Iron & Metal Company, v. J. Y. S. Bishop. Assumpsit for the price of a carload of scrap iron. Before Gorman, J., without a jury. The facts are stated in the opinion of the Superior Court. The court entered judgment for plaintiff for $150.97. Defendant appealed. Errors assigned were various rulings on evidence and the judgment of…
1Opinion of the Court
Opinion by
Trexler, J.,
The plaintiff sold to the defendant a carload of scrap iron on December 20, 1918. We are convinced after a careful reading of the testimony that the plaintiffs duty to ship the iron began on December 31, 1918. It was then that the permit was received and the amount to be shipped was definitely settled. On January 7, 1919, the defendant cancelled the order.. The plaintiff insisted that the contract must be kept. The question ’therefore is, “Was there an unreasonable delay in shipping the scrap so as to relieve the defendant from accepting it, and permitting him to cancel…
2Cases cited1 opinion
- Ephrata Water Co. v. BoroughSuperior Court of Pennsylvania · 1902