Legal Opinion
Plotnick v. Pennsylvania Smelting & Refining Co.
Court of Appeals for the Third Circuit
Decided February 21, 1952No. 10533PublishedCited by 5 opinions
1Opinion of the Court
HASTIE, Circuit Judge.
This litigation arises out of an installment contract for the sale of quantities of battery lead by a Canadian seller to- a Pennsylvania buyer. The seller sued for the price of a carload of lead delivered but not paid for. The buyer counterclaimed for damages caused by the seller’s failure to deliver the remaining installments covered by the contract. The district court sitting without a jury allowed recovery on both claim and counterclaim. This is an appeal by the seller from the judgment against him on the counterclaim. The ultimate question is whether the buyer had…
2Cases cited5 opinions
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Helgar Corporation v. . Warner's FeaturesNew York Court of Appeals · 1918
- G. B. Hurt, Inc. v. Fuller Canneries Co.Supreme Court of Pennsylvania · 1920
- American Tube & Stamping Co. v. Erie Iron & Steel Co.Supreme Court of Pennsylvania · 1924
- Truitt v. Guenther Lumber Co.Superior Court of Pennsylvania · 1920
3Cited by5 opinions
- Laredo Hides Co., Inc. v. H & H Meat Products Co., Inc.Court of Appeals of Texas · 1974
- Electrosonics International, Inc. v. Wurlitzer CompanyDistrict Court, E.D. Pennsylvania · 1964
- United States for the Use of Ascher Corporation, a Corporation v. Bradley-Dodson Co., a PartnershipCourt of Appeals for the Eighth Circuit · 1960
- Laredo Hides Co., Inc. v. H & H Meat Products Co., Inc.Court of Appeals of Texas · 1974
- United States for the Use of Ascher Corporation, a Corporation v. Bradley-Dodson Co., a PartnershipCourt of Appeals for the Eighth Circuit · 1960