American Car & Foundry Co. v. Alexandria Water Co.
Supreme Court of Pennsylvania
Appeal, No. 129, Jan. T., 1907, by plaintiff, from judgment of C. P. Huntingdon Co., May T., 1904, No. 23, on verdict for defendant in case of American Car & Foundry Co., Subcontractors, v. Alexandria Water Company, Owner, or Reputed Owner, and William M. Powell & Company, Contractors. The facts are stated in the opinion of the Supreme Court.
Read the full summary
Appeal, No. 129, Jan. T., 1907, by plaintiff, from judgment of C. P. Huntingdon Co., May T., 1904, No. 23, on verdict for defendant in case of American Car & Foundry Co., Subcontractors, v. Alexandria Water Company, Owner, or Reputed Owner, and William M. Powell & Company, Contractors. The facts are stated in the opinion of the Supreme Court. At the trial when W. F. Lowery, district manager of the plaintiff wras on the stand, he was asked on cross-examination, this question: “ Q. Then the contract was made and concluded by you % ” Mr. Waite: We object to this examination for the reason that…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The pivotal point in the decision of this case is the authority of the district manager, Lowery, to accept the three negotiable notes, and the collateral judgment note in full satisfaction and payment of the balance due by the contracting firm on account of pipe and other materials furnished for the construction of the water plant. If the plaintiff company clothed its district manager with thegeneral power to superintend the manufacture and sale of these materials, together with the right to enter into contracts in the name of the company, fixing prices and terms…
2Cases cited3 opinions
- Singer Manufacturing Co. v. ChristianSupreme Court of Pennsylvania · 1905
- Central Pennsylvania Telephone & Supply Co. v. ThompsonSupreme Court of Pennsylvania · 1886
- Anderson v. National Surety Co.Supreme Court of Pennsylvania · 1900
3Cited by12 opinions
- American Car & Foundry Co. v. Alexandria Water Co.Supreme Court of Pennsylvania · 1908
- Dobbs v. ZinkSupreme Court of Pennsylvania · 1927
- Rucinski v. CohnSupreme Court of Pennsylvania · 1929
- Humbert v. MeyersSupreme Court of Pennsylvania · 1924
- Bayne v. Proctor & Gamble Distributing Co.Superior Court of Pennsylvania · 1925
7 more not listed; retrieve them via the Exa API.