Blair v. Clark
Superior Court of Pennsylvania
Appeal, No. 150, April T., 1908, by defendant, from judgment of C. P. Indiana Co., Dec. T., 1906, No. 110, on verdict for plaintiff in case of James S. Blair v. Harry E. Clark. Assumpsit for balance due on a contract of sale. Before Telford, P. J. ' The opinion of the Superior Court states the case.
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Appeal, No. 150, April T., 1908, by defendant, from judgment of C. P. Indiana Co., Dec. T., 1906, No. 110, on verdict for plaintiff in case of James S. Blair v. Harry E. Clark. Assumpsit for balance due on a contract of sale. Before Telford, P. J. ' The opinion of the Superior Court states the case. Defendant presented the following points: 1. The plaintiff, having retained possession of the greater part of the lumber and still having it in his possession, cannot recover the contract price. Answer: This point requests us to find a fact from the evidence, and is therefore declined. [1] 5. If…
1Opinion of the Court
Opinion by
Orlady, J.,
After considerable correspondence and a number of personal interviews, the plaintiff sold to the defendant 101,705 feet of oak boards, at the price of $10.50 per thousand feet. In concluding the contract, as stated by the defendant in his argument, the plaintiff said to him, “You can examine it all you *46want, as thoroughly as you care to; but remember there is only one way in which you can buy it, and that is according to my inventory, as a basis of the amount of lumber there, and for $10.50 per thousand feet, cash on the ground.” Which proposition was accepted on December…
2Cases cited2 opinions
- Frech v. LewisSupreme Court of Pennsylvania · 1907
- Pennsylvania R. v. Amer. Oil Works, Ltd.Supreme Court of Pennsylvania · 1889