Sidney School Furniture Co. v. Warsaw Township School District
Supreme Court of Pennsylvania
Appeal, No. 180, Oct. T., 1892, by plaintiff, from judgment of C. P. Jefferson Co., Sept. T„.1885, No. 403, on verdict' for defendant. Assumpsit for goods sold and delivered. Pleas, non assumpsit and payment with leave, etc. [Cf. 130 Pa. 76.] The facts appear by the opinion of the Supreme Court.
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Appeal, No. 180, Oct. T., 1892, by plaintiff, from judgment of C. P. Jefferson Co., Sept. T„.1885, No. 403, on verdict' for defendant. Assumpsit for goods sold and delivered. Pleas, non assumpsit and payment with leave, etc. [Cf. 130 Pa. 76.] The facts appear by the opinion of the Supreme Court. At the trial, before Wilson, P. J., the court, under objection and exception, admitted evidence of the parol agreement referred to in the opinion of the Supreme Court. [1-4.] Plaintiff offered to show by S. W. Temple, a witness for defendant, on cross-examination, that when the school district was…
1Opinion of the Court
Opinion by
Mr. Justice Thompson,
The appellee, upon the 25th of July, 1885, entered into a contract in writing with appellant, for the furniture for eleven school houses, and agreed to pay $975 for the same. The appellant covenanted that the furniture should be made of “ seasoned material ” and “ give good satisfaction,” and be delivered on or about August 10th following. Upon a refusal by appellee to receive it this suit was brought to recover the price to be paid for the same.
The defence was that when the written contract was executed, a cotemporaneous parol agreement, which induced it, was…
2Cases cited1 opinion
- School Directors v. McBrideSupreme Court of Pennsylvania · 1853
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