Owen M. Bruner Co. v. Standard Lumber Co.
Superior Court of Pennsylvania
Appeal, No. 1, Oct. T., 1915, by defendant, from order of O. P. No. 5, Philadelphia Co., Sept. T., 1914, No. 101, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Owen M. Bruner Company v. Standard Lumber Company. Assumpsit for breach of contract to deliver lumber. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 1, Oct. T., 1915, by defendant, from order of O. P. No. 5, Philadelphia Co., Sept. T., 1914, No. 101, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Owen M. Bruner Company v. Standard Lumber Company. Assumpsit for breach of contract to deliver lumber. Rule for judgment for want of a sufficient affidavit of defense. Ralston, J., found the facts to be as follows: It appears from the statement of claim that on July 20th, plaintiff wrote to defendant enclosing a schedule of lumber described as “Ruby,” asking the price of this lumber…
1Opinion of the Court
Opinion by
Trexler, J.,
The plaintiff negotiated with the defendant for the purchase of certain lumber which was to be used at some public work in Ocean City,.New Jersey. A schedule of the lumber required was submitted to the defendant who placed a price of $26.00 per thousand on the same, and the plaintiff agreed to the terms. The order was to be held open until the contract between the city and plaintiff’s customer was signed, it appearing that a certain time was required by law to elapse between the receiving of the bids and the awarding of the contract. On August 11th plaintiff telegraphed…
2Cases cited4 opinions
- McClintock v. South Penn Oil Co., Pennsylvania Court of Common Pleas, Washington County1892
- Hamilton v. Lycoming Mutual InsuranceSupreme Court of Pennsylvania · 1847
- Hartley Silk Manufacturing Co. v. BergSuperior Court of Pennsylvania · 1911
- Boyd v. Merchants & Farmers Peanut Co.Superior Court of Pennsylvania · 1904
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- Angle, R. v. Smith, A.Superior Court of Pennsylvania · 2017
- Furey v. Cheltenham Township School District, Pennsylvania Court of Common Pleas, Montgomery County1962
- Kennedy v. Erie Insurance Exchange, Pennsylvania Court of Common Pleas, Lehigh County1972