Unexcelled Fire-Wks. Co. v. Polites
Supreme Court of Pennsylvania
APPEAL BY PLAINTIPE PROM THE COURT OE COMMON PLEAS OE LAWRENCE COUNTY. No. 188 October Term 1889, Sup. Ct.; court below, No. 20 September Term 1888, C. P. On July 20, 1888, tbe Unexcelled Fire-Works Company, a corporation of tbe state of New York, brought assumpsit against George Polites, filing a statement of claim wbicb averred that in the early spring of 1888 the defendant ordered from the agent of the plaintiff certain fire-works and celebration goods, to be manufactured…
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APPEAL BY PLAINTIPE PROM THE COURT OE COMMON PLEAS OE LAWRENCE COUNTY. No. 188 October Term 1889, Sup. Ct.; court below, No. 20 September Term 1888, C. P. On July 20, 1888, tbe Unexcelled Fire-Works Company, a corporation of tbe state of New York, brought assumpsit against George Polites, filing a statement of claim wbicb averred that in the early spring of 1888 the defendant ordered from the agent of the plaintiff certain fire-works and celebration goods, to be manufactured by the plaintiff and shipped to the defendant, at specified prices; that said goods were manufactured and shipped by…
1Opinion of the Court
Opinion,
Mr. Justice Clark:
This is an action of assumpsit, brought July 20, 1888, to recover the price of a certain lot of fire-works and celebration goods, ordered by the defendant, George Polites, from the Unexcelled Fire-Works Company, of New York, in February, 1888. The first order, which was for his store in Newcastle, was given through the plaintiffs’ agent, Alexander Morrison, and amounted to $208.53; the second, sent directly to the plaintiffs, was for the defendant’s store in Washington, Pa., and amounted to $123.83. These orders were in writing, and were signed by tbe defendant; they…
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