Everett v. Delp
Superior Court of Pennsylvania
Appeal, No. 69, Oct. T., 1916, by defendant, from judgment of O. P. No. 4, Philadelphia Co., Sept. T., 1914, No. 3363, on verdict for plain: tiff in case of Theodore P. Everett, trading as M. G. & A. P. Wyckoff Company v. Edmund E. Delp and August F. Gruber, copartners, trading as E. E. Delp Grain Company. Assumpsit for breach of a contract to sell and deliver corn.
Read the full summary
Appeal, No. 69, Oct. T., 1916, by defendant, from judgment of O. P. No. 4, Philadelphia Co., Sept. T., 1914, No. 3363, on verdict for plain: tiff in case of Theodore P. Everett, trading as M. G. & A. P. Wyckoff Company v. Edmund E. Delp and August F. Gruber, copartners, trading as E. E. Delp Grain Company. Assumpsit for breach of a contract to sell and deliver corn. Before Finletter, J.: From the record it appeared that the defendants had agreed to sell and deliver to the plaintiffs nine cars of “yellow Argentine corn” at a certain rate per bushel. The three cars were to be delivered in the…
1Opinion of the Court
Opinion by
Head, J.,
The statement of the questions involved, as printed in appellants’ paper book, clearly indicates the ground of complaint to be the alleged inadequacy of the charge delivered by the trial judge as to five particular points in contention between the parties. These are expanded into twenty-seven assignments of error. The first six of them challenge the correctness of certain rulings of the learned trial judge in admitting evidence, over the objection of the defendants, and thereafter-refusing to strike it from the record. This evidence, relating to the quantum of the injury…
2Cases cited1 opinion
- Seely v. AldenSupreme Court of Pennsylvania · 1869
3Cited by2 opinions
- Popkin Bros. v. DunlapSuperior Court of Pennsylvania · 1937
- Euler v. City of PittsburghSuperior Court of Pennsylvania · 1925