Lakeside Forge Co. v. Freedom Oil Works Co.
Supreme Court of Pennsylvania
Appeal, No. 122, Oct. T., 1919, by defendant, from judgment of C. P. Beaver Co., March T., 1917, No. 155, on verdict for plaintiff in case of Lakeside Forge Co. v. Freedom Oil Works Co. Assumpsit for breach of contract. Before Baldwin, P. J. At the trial the court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $4,621.93. Defendant appealed. Error assigned was in giving binding instructions for plaintiff.
1Opinion of the Court
Opinion by
Mr. Justice Walling,
This is an action for breach of contract. Plaintiff is a forge company at Erie and defendant is an oil refining company at Freedom, Beaver County. The contract was made in 1915 by correspondence as follows (we omit parts not here material). On August 6th, plaintiff wrote defendant: “Would you be willing to contract for our requirements in fuel oil for the coming year commencing about September 1st? We use about 15,000 *530gallons per month and order one tank car of about 8,000 gallons at a time. State gravity, and price f. o. b. Erie per gallon.” August 9th defendant…
2Cases cited5 opinions
- Brawley v. United StatesSupreme Court of the United States · 1878
- Marx v. American Malting Co.Court of Appeals for the Sixth Circuit · 1909
- Ming v. WoolfolkSupreme Court of the United States · 1886
- Williams v. KerrSupreme Court of Pennsylvania · 1893
- Devers v. SollenbergerSuperior Court of Pennsylvania · 1904
3Cited by3 opinions
- N.Y. Life Ins. Co. v. Brandwene Et Ux.Supreme Court of Pennsylvania · 1934
- In Re Estate of SedmakSupreme Court of Pennsylvania · 1976
- Wilson v. Galena-Signal Oil Co.Supreme Court of Pennsylvania · 1923