Rothschild v. Trexler Co.
Superior Court of Pennsylvania
Appeal, No. 213, Oct. T., 1923, by defendants, from judgment of O. P. No. 1, Phila. Co., Dec. T., 1921, No. 70, on verdict for plaintiff in the case of Louis Rothschild, trading as Twinlock Company v. The Trexler Company, and Gaul Derr and Shearer Company, Union National Bank, Guarantee Trust and Safe Deposit Company and Franklin National Bank, Garnishees. Foreign attachment in assumpsit. Before McDevitt, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 213, Oct. T., 1923, by defendants, from judgment of O. P. No. 1, Phila. Co., Dec. T., 1921, No. 70, on verdict for plaintiff in the case of Louis Rothschild, trading as Twinlock Company v. The Trexler Company, and Gaul Derr and Shearer Company, Union National Bank, Guarantee Trust and Safe Deposit Company and Franklin National Bank, Garnishees. Foreign attachment in assumpsit. Before McDevitt, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff in the sum of $1,103.50 and judgment thereon. Defendant appealed. Error assigned, among others, was…
1Opinion of the Court
Opinion by
Kelleb, J.,
The action was foreign attachment in assumpsit. The defense, an accord and satisfaction.
Plaintiff manufactured automobile tire carriers and accessories; defendant was his distributing agent. Under the agreement between them the plaintiff sold tire carriers to the defendant at $7.20 each, their cost of manufacture being $6.47. The agreement provided that, if there was a reduction in the cost of manufacture below $6.47, the saving in cost should be equally divided between the parties. The price was subsequently re duced to $7.00 each. The defendant claimed a further…
2Cases cited9 opinions
- Dimmick v. Banning, Cooper & Co.Supreme Court of Pennsylvania · 1917
- Foye v. Lilley Coal & Coke Co.Supreme Court of Pennsylvania · 1916
- Societe Anonyme Pour La Fabrication De La Soie De Chardonnet v. Loeb, Lipper & Co.Supreme Court of Pennsylvania · 1913
- West Point Cotton Mills v. BlytheSuperior Court of Pennsylvania · 1905
- Amsler v. McClureSupreme Court of Pennsylvania · 1913
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3Cited by1 opinion
- Sollenberger & Branthaver v. ScattergoodSuperior Court of Pennsylvania · 1923