Spears v. Henry F. Michell Co.
Superior Court of Pennsylvania
Appeal, No. 175, Oct. T., 1913, by defendant, from order of C. P. No. 5, Phila. Co., Sept. T., 1912, No. 2,581, entering judgment for amount wherein the affidavits of defense were held to be insufficient, in case of Woodford Spears and Catesby Spears Co., partners, trading as E. F. Spears & Sons, v. Henry F. Michell Company, Inc. Assumpsit for breach of contract. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 175, Oct. T., 1913, by defendant, from order of C. P. No. 5, Phila. Co., Sept. T., 1912, No. 2,581, entering judgment for amount wherein the affidavits of defense were held to be insufficient, in case of Woodford Spears and Catesby Spears Co., partners, trading as E. F. Spears & Sons, v. Henry F. Michell Company, Inc. Assumpsit for breach of contract. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court. Error assigned was order entering judgment for plaintiff for $840.
1Opinion of the Court
Opinion by
Orlady, J.,
On May 4, 1912, the plaintiff wrote to the defendant, viz.: “The last few days we have sold several cars, new crop Kentucky Blue Grass, price $2.00 per bushel of 14 pounds, f. o. b. cars, here, for 19 pounds test, average quality of the season; August, September or October delivery. If you are interested, wire us upon receipt of this letter, and we will try to confirm. We *296think the outlook is favorable for a good yield, but of course the crop could be largely ruined by weather conditions from now on.” On May 10, the defendant company sent to the plaintiff on its purchase…
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- Zuck v. McClure & Co.Supreme Court of Pennsylvania · 1881
- Sharpsville Furnace Co. v. SnyderSupreme Court of Pennsylvania · 1909
- Dougherty v. BriggsSupreme Court of Pennsylvania · 1911
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