Legal Opinion

Seligman v. Beecher

Superior Court of Pennsylvania

Decided July 15, 1908No. Appeal, No. 237PublishedCited by 3 opinions

Appeal, No. 237, Oct. T., 1906, by defendant, from judgment of C. P. Schuylkill Co., on verdict for plaintiff in case of S. G. Seligman, trading as Seligman & Co., v. J. W. Beecher. Assumpsit for goods sold and delivered. Before Marr, J. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 237, Oct. T., 1906, by defendant, from judgment of C. P. Schuylkill Co., on verdict for plaintiff in case of S. G. Seligman, trading as Seligman & Co., v. J. W. Beecher. Assumpsit for goods sold and delivered. Before Marr, J. The facts are stated in the opinion of the Superior Court. The court charged in part as follows: [If, after going over this evidence, you conclude that there has been a breach of this contract, if you find the contract was that there were to be 240 cars of lumber shipped by Mr. Seligman to Mr. Beecher during the year 1905, and that the monthly order was to be…

1Opinion of the Court

Opinion by

Rice, P. J.,

According to the testimony of both parties, the plaintiff agreed to deliver, and the defendant agreed to take and pay for, 240 carloads of prop timber during the year 1905, in quantities of twenty carloads a month at $4.70 per ton for one kind, and $4.85 per ton for another kind. In this action of assumpsit the plaintiff sued to recover the contract price for a certain number of carloads, and the defendant pleaded as a set-off damages in consequence of the plaintiff’s failure to deliver (1) a certain number of carloads for which he, the defendant, had given orders; (2) a…

2Cases cited5 opinions

  1. Forsyth v. North American Oil Co.Supreme Court of Pennsylvania · 1866
  2. Hazleton Coal Co. v. Buck Mountain Coal Co.Supreme Court of Pennsylvania · 1868
  3. Portland Ice Co. v. ConnorSuperior Court of Pennsylvania · 1904
  4. Price v. BeachSuperior Court of Pennsylvania · 1902
  5. Barr v. MyersSupreme Court of Pennsylvania · 1842

3Cited by3 opinions

  1. Duluth Superior Milling Co. v. BinenstockSuperior Court of Pennsylvania · 1932
  2. Mead & Speer Co. v. KrimmSuperior Court of Pennsylvania · 1910
  3. Cochran v. PoseySuperior Court of Pennsylvania · 1941

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