J. W. Goodliffe & Son v. Odzer

SPAETH, Judge:

This is an appeal from a judgment entered in an action on a written contract. The trial judge, sitting without a jury, found against appellant in the amount of $24,755.95. On appellant’s exceptions, the court en bane reduced this amount to $23,530, but otherwise it dismissed the exceptions.

Appellant is a scrap dealer. Appellee is a supplier of industrial gas. The gas is delivered in reusable cylinders, which remain appellee’s property. Appellee’s standard practice is to make a demurrage (or rental) charge for the cylinders in addition to the charge for the gas.

For about a year,…