Ulmer v. Ryan
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 55 July Term 1889, Sup. Ct.; court below, number and term not given. In November, 1881, Jacob Ulmer brought assumpsit against William Ryan and Thomas J. Ryan, trading as William Ryan & Son. Issue. At a trial of the case on November 20, 1888, there was a verdict for the plaintiff for $1,289.50. The judgment entered thereon, however, was reversed, on error to No. 290 January Term 1884, Sup.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 55 July Term 1889, Sup. Ct.; court below, number and term not given. In November, 1881, Jacob Ulmer brought assumpsit against William Ryan and Thomas J. Ryan, trading as William Ryan & Son. Issue. At a trial of the case on November 20, 1888, there was a verdict for the plaintiff for $1,289.50. The judgment entered thereon, however, was reversed, on error to No. 290 January Term 1884, Sup. Ct., with a venire de novo: Ryan v. Ulmer, 108 Pa. 332. At the second trial, on January 16, 1889, the facts indicated in…
1Opinion of the Court
*313Opinion,
Mr. Justice McCollum:
The parties to this action were dealers in pork, the appellant at Pottsville, Pa., and the appellees at Dubuque, Iowa. On the 8d of August, 1881, the latter authorized Roloson, a provision broker in Chicago, to “ offer five car loads of fully cured pickled shoulders, average not above twelve pounds, at not below six and one half cents, f. o. b. Dubuque.” On the 9th of August, he informed them that he had sold two cars of sweet-pickled shoulders “at 6.85, f. o. b. Dubuque,” and requested them to send the same to his order at Pottsville. The shoulders were shipped…
2Cases cited1 opinion
- Leiper's AppealSupreme Court of Pennsylvania · 1885