Albus v. Toomey
Supreme Court of Pennsylvania
Appeal, No. 116, Jan. T., 1922, by defendant, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1918, No. 115, on verdict for plaintiff, in case of Natban W. Albus v. Cornelius P. Toomey. Assumpsit to recover damages alleged to have been suffered by reason of defective character of goods purchased from defendant, and which were paid for. Before Shoemaker, J. The opinion of the Supreme Court states the facts.
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Appeal, No. 116, Jan. T., 1922, by defendant, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1918, No. 115, on verdict for plaintiff, in case of Natban W. Albus v. Cornelius P. Toomey. Assumpsit to recover damages alleged to have been suffered by reason of defective character of goods purchased from defendant, and which were paid for. Before Shoemaker, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $1,750.89. Defendant appealed. Error assigned, among others, was refusal of judgment for deféndant n. o. v., quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
Defendant, a New York jobber, purchased merchandise from a mill and sold it to plaintiff, a Philadelphia manufacturer of ladies’ dresses. Two months after the goods were received and paid for, plaintiff, through his agents, inspected them, and, finding they were deficient in quality, complained to defendant the goods were not as warranted. No remuneration having been received, plaintiff instituted this suit to recover for breach of the warranty; on verdict and judgment in his favor, defendant appeals.
Plaintiff in the court below successfully relied on a custom or…
2Cases cited3 opinions
- Corcoran v. ChessSupreme Court of Pennsylvania · 1890
- Miller v. WigginsSupreme Court of Pennsylvania · 1910
- Adams v. Pittsburgh InsuranceSupreme Court of Pennsylvania · 1880
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- Trustees of the University of Pennsylvania v. St. Jude Children's Research HospitalDistrict Court, E.D. Pennsylvania · 2013
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