Hall v. Wood
Supreme Court of Pennsylvania
Appeal, No. 129, Jan. T., 1897, by-plaintiffs, from order of C. P. Franklin Co., Sept. T., 1893, No. 248, refusing to take off nonsuit. Assumpsit for goods alleged to have been sold and delivered. Before Stewart, P. J. The facts appear by the opinion of the Supreme Court. Error assigned was refusal to take off nonsuit.
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Appeal, No. 129, Jan. T., 1897, by-plaintiffs, from order of C. P. Franklin Co., Sept. T., 1893, No. 248, refusing to take off nonsuit. Assumpsit for goods alleged to have been sold and delivered. Before Stewart, P. J. The facts appear by the opinion of the Supreme Court. Error assigned was refusal to take off nonsuit. The contention on the part of the appellants is that this is not such a special contract as precludes the subject-matter thereof, or the goods delivered thereunder, from being the proper subject of book entry: Cooper v. Morrel, 4 Yeates, 341; Laird v. Campbell, 100 Pa. 164;…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The plaintiffs were merchants, dealers in wools, noils and material used in the manufacture of woolen goods, in Philadelphia. The defendants were manufacturers of woolens in Chambersburg, Pennsylvania. Plaintiffs had been furnishing to defendants materials for the manufacture of woolens in the year 1886, and in November of that year arranged with John Huber, the president of the company, to furnish colored noils for the year 1887.
The averment of contract is founded on this paper:
“ Chambebsbubg, November 6, 1886.
“ Bought of William Hall & Co., all the colored noils…
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