Smedley v. Williams
Pennsylvania Court of Common Pleas, Philadelphia County
This was a bill in equity, filed by Smedley against Matthew and Richard Williams, trading under the name and firm of Williams & Brother.
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This was a bill in equity, filed by Smedley against Matthew and Richard Williams, trading under the name and firm of Williams & Brother. It was stated that the plaintiff was engaged in the business of manufacturing various articles mentioned in the bill, and that the defendants were commission merchants, residing in Philadelphia; that, in the month of February, before filing the bill, the plaintiff made an agreement with the defendants, by which he agreed to place all the goods he should manufacture in their hands to sell for him on his account, they agreeing to advance upon the goods so…
1Opinion of the Court
The opinion of the Court was delivered by
King, President. —
The plaintiff rests his claim to recover in the present cause upon three grounds. First, that the defendants had sold the goods consigned at a less price than that expressly limited. Second, that, admitting no express limitation of price is established by the proof, still the goods were sold at less than the market value. And, third, that the defendants had refused to furnish accounts of sales, and deliver to him the remainder of the goods unsold; making themselves by this act chargeable as purchasers of the goods so unsold and…
2Cited by1 opinion
- Thomas Roberts & Co. v. Andrews & Co.Superior Court of Pennsylvania · 1900