Operators Fuel Agency v. Eastern Fuel Co.
Superior Court of Pennsylvania
Appeal, No. 138, April T., 1924, by defendant, from judgment of C. P. Allegheny Co., April T., 1922, No. 240, on verdict for plaintiff in the case of Operators Fuel Agency v. Eastern Fuel Company. Assumpsit for goods sold and delivered. Before Carpenter, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff in the sum of $1,756.13 and judgment thereon. Defendant appealed.
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Appeal, No. 138, April T., 1924, by defendant, from judgment of C. P. Allegheny Co., April T., 1922, No. 240, on verdict for plaintiff in the case of Operators Fuel Agency v. Eastern Fuel Company. Assumpsit for goods sold and delivered. Before Carpenter, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff in the sum of $1,756.13 and judgment thereon. Defendant appealed. Errors assigned were refusal of offer to prove that the coal delivered was not “Classified Pool 60 Coal” and in directing a verdict for plaintiff.
1Opinion of the Court
Opinion by
Gawthrop, J.,
This is an action of assumpsit to recover a balance alleged to be due on account of the purchase price of coal sold by plaintiff to defendant. By two written confirming orders dated April 15, 1921, plaintiff agreed to sell to defendant, and defendant agreed to buy, thirty-six carloads of “Classified Pool 60 Coal” f. o. b. mines, with certain provisions as to consignment price, freight, etc., which are not material to the questions before us. Pursuant to contracts plaintiff shipped thirty-six carloads of coal to the consignee at the point named. Defendant, without…
2Cases cited3 opinions
- Holloway v. JacobySupreme Court of Pennsylvania · 1888
- Samuel v. Delaware River Steel Co.Supreme Court of Pennsylvania · 1919
- Whitehall Mfg. Co. v. Wise BrothersSupreme Court of Pennsylvania · 1888
3Cited by1 opinion
- Coale Corp. v. Blue Ribbon Coal Co.Superior Court of Pennsylvania · 1924