Seward v. Pennsylvania Salt Manufacturing Co.
Superior Court of Pennsylvania
Appeal, No. 239, Oct. T., 1921, by plaintiff, from judgment of O. P. No. 1, Pbila. Co., June T., 1917, No. 5548, on verdict for plaintiff in the case of George O. Seward v. Pennsylvania Salt Manufacturing Company. Assumpsit for breach of contract. Before Patterson, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $5 and judgment thereon. Plaintiff appealed.
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Appeal, No. 239, Oct. T., 1921, by plaintiff, from judgment of O. P. No. 1, Pbila. Co., June T., 1917, No. 5548, on verdict for plaintiff in the case of George O. Seward v. Pennsylvania Salt Manufacturing Company. Assumpsit for breach of contract. Before Patterson, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $5 and judgment thereon. Plaintiff appealed. Errors assigned were various rulings on evidence, in overruling plaintiff’s offer of proof covering the production and the sources of supply of hydrate alumina and all sales of that material by the…
1Opinion of the Court
Opinion by
Kellee, J.,
Defendant (appellee), having contracted to sell and deliver to plaintiff (appellant), one-hundred tons of hydrate alumina per month, from March to December, 1916, inclusive, at four cents per pound, f. o. b. Natrona, Pa., in bags, refused to perform the contract, and this action for damages followed. The measure of damages in such circumstances is ordinarily the difference between the contract price and the market value at the time or times and place of delivery, with interest: Sales Act of 1915, P. L. 543, section 67 (3) p. 562; and where, as here, the contract is to be…
2Cases cited13 opinions
- Dana v. . FiedlerNew York Court of Appeals · 1854
- Parmenter v. . FitzpatrickNew York Court of Appeals · 1892
- Sanford v. PeckSupreme Court of Connecticut · 1893
- Kountz v. Kirkpatrick & LyonsSupreme Court of Pennsylvania · 1873
- Wilmoth v. HamiltonCourt of Appeals for the Third Circuit · 1904
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Clabby's EstateSupreme Court of Pennsylvania · 1932
- McKinney Estate, Pennsylvania Court of Common Pleas, Crawford County1973
- Seward v. Pennsylvania Salt Manufacturing Co.Superior Court of Pennsylvania · 1922