Gallagher v. Whitney
Supreme Court of Pennsylvania
Appeal, No. 444, Jan. T., 1891, by defendants, from judgment of C. P. No. 4, Philadelphia Co., March T., 1890, No. 979, on verdict for plaintiffs.
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Appeal, No. 444, Jan. T., 1891, by defendants, from judgment of C. P. No. 4, Philadelphia Co., March T., 1890, No. 979, on verdict for plaintiffs. Assumpsit by D. J. Gallagher and George W. Gibson, trading as D. J. Gallagher & Co. against Thomas J. Whitney, J. E. Lockwood and Alva Bryant, trading as J. F. Lockwood & Co. At the trial it appeared that the defendants gave an order to the plaintiffs for 5,000,000 Samoa wrappers used for wrapping chewing-gum, at ten cents per thousand. After the paper which was of a peculiar kind had been bought by plaintiffs, and the work on the wrappers partly…
1Opinion of the Court
Per Curiam,
The only serious complaint here is that the learned judge below erred in his charge to the jury upon the measure of damages. The ingenious argument of the counsel for the appellant has failed to satisfy us that the court committed error. An examination of that portion of the charge contained in the second specification, shows that the learned judge was correct in his calculation, while the rule laid down for the measure of damages, contained in the first specification, is entirely accurate.
Judgment affirmed.
2Cited by6 opinions
- Puritan Coke Co. v. ClarkSupreme Court of Pennsylvania · 1903
- In re Duquesne Incandescent Light Co.District Court, W.D. Pennsylvania · 1910
- Blair v. Ford China Co.Superior Court of Pennsylvania · 1904
- Heyward v. GoldsmithCourt of Appeals for the Third Circuit · 1921
- Lipper Manufacturing Co. v. Morris & Co.Superior Court of Pennsylvania · 1915
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