Legal Opinion

Peoples Natural Gas Co. v. Braddock Wire Co.

Supreme Court of Pennsylvania

Decided January 3, 1893No. Appeal, No. 79PublishedCited by 27 opinions

Appeal, No. 79, Oct. T., 1892, by plaintiff, from judgment of C. P. No. 2, Alleghney Co., Oct. T., 1890, No. 382, on verdict for plaintiff. Assumpsit on contract to furnish natural gas.

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Appeal, No. 79, Oct. T., 1892, by plaintiff, from judgment of C. P. No. 2, Alleghney Co., Oct. T., 1890, No. 382, on verdict for plaintiff. Assumpsit on contract to furnish natural gas. At the trial, before Ewing, P. J., it appeared that, on Jan. 2, 1889, plaintiffs agreed to supply defendants with gas for the purposes of their manufacturing establishment, from Jan. 1, 1889, to July 1,1890. The contract was based upon the following application: “ The Peoples’ Natural Gas Co. : “ Application for gas is hereby made, to be used as hereinafter stated, subject to the terms and conditions on the…

1Opinion of the Court

Pee Ctjeiam,

The principal contention in this ease was, whether, under the contract of 1889 the tonnage on which the gas bills were based was upon the steel billets that were used, that is, the raw material, or the product of it. The learned judge below instructed the jury that the tonnage was to be based upon the product. The able argument of appellant’s counsel has failed to satisfy us that this instruction was erroneous.

*25There were a number of other items in plaintiff’s claim, which it is alleged were not included in the contract, and for which the defendant company should pay. Some of these…

2Cited by27 opinions

  1. McMillin v. TitusSupreme Court of Pennsylvania · 1909
  2. Foulke v. MillerSupreme Court of Pennsylvania · 1955
  3. Alpha Claude Neon Corp. v. Pennsylvania Distilling Co.Supreme Court of Pennsylvania · 1936
  4. Warren M. Wilson v. Homestead Valve Manufacturing Company. Appeal of Warren M. Wilson. Appeal of Homestead Valve Manufacturing CompanyCourt of Appeals for the Third Circuit · 1954
  5. Commonwealth v. SandersonSuperior Court of Pennsylvania · 1909

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