Hooper, Seving & Co. v. Bromley Bros. Carpet Co.
Superior Court of Pennsylvania
Appeal, No. 161, Oct. T., 1899, by defeiidant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1898, No. 142, on verdict for plaintiff. Opinion by Beaver, J. Assumpsit. Before Beitler, J. It appears from the evidence that plaintiff contracted to sell defendant twenty-five bales of yarn at thirteen cents a pound to be delivered at the rate of about five bales a week. Deliveries of ten bales were made.
Read the full summary
Appeal, No. 161, Oct. T., 1899, by defeiidant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1898, No. 142, on verdict for plaintiff. Opinion by Beaver, J. Assumpsit. Before Beitler, J. It appears from the evidence that plaintiff contracted to sell defendant twenty-five bales of yarn at thirteen cents a pound to be delivered at the rate of about five bales a week. Deliveries of ten bales were made. Defendant canceled the order for the balance of the yarn and refused to receive same. Plaintiff insisted on delivering the yarn and on October 1,1898, notified defendant that if they refused…
1Opinion of the Court
Opinion by
Beaver, J.,
There is practically no difference between the plaintiff and defendant as to the verbal contract, the breach of which constitutes the basis of this action. It was for twenty-five bales of a specified sort of cotton yarn, well known to the trade, to be delivered at the rate of five bales per week. After the delivery of ten bales, the order was countermanded and the defendant refused to receive the rexnainder. The verdict of the jury establishes the fact that the defendant company had no sufficient grounds for such a refusal and it may be also taken as settled by the…
2Cases cited6 opinions
- Unexcelled Fire-Wks. Co. v. PolitesSupreme Court of Pennsylvania · 1890
- Guillon v. EarnshawSupreme Court of Pennsylvania · 1895
- M'Combs v. M'KennanSupreme Court of Pennsylvania · 1841
- Andrews v. HooverSupreme Court of Pennsylvania · 1839
- E. Keeler Co. v. SchottSuperior Court of Pennsylvania · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Frank Pure Food Co. v. DodsonSupreme Court of Pennsylvania · 1924
- Woldert Grocery Co. v. WilkinsonSuperior Court of Pennsylvania · 1909
- Moody v. McTaggartSuperior Court of Pennsylvania · 1905