Woldert Grocery Co. v. Wilkinson
Superior Court of Pennsylvania
Appeal, No. 94, Oct. T., 1908, by defendants, from judgment of C. P. No. 5, Phila. Co., Sept. T., 1903, No. 349, on verdict for plaintiff in case of Woldert Grocery Company v. James Wilkinson et al., trading as C. Wilkinson’s Sons. Assumpsit to recover for breach of contract of sale. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,256.50. Defendants appealed.
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Appeal, No. 94, Oct. T., 1908, by defendants, from judgment of C. P. No. 5, Phila. Co., Sept. T., 1903, No. 349, on verdict for plaintiff in case of Woldert Grocery Company v. James Wilkinson et al., trading as C. Wilkinson’s Sons. Assumpsit to recover for breach of contract of sale. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,256.50. Defendants appealed. Errors assigned were various rulings on evidence not incorporating in the assignments the evidence admitted, various refusal of points without setting forth the refusal totidem verbis,…
1Opinion of the Court
■Opinion by
Head, J.,
It is conceded the plaintiff company and the defendants entered into a contract, the former to sell, the latter to buy, a car *102load of pecan nuts. The contract, made in August, 1902, as to quality of goods and time of shipment, provided as follows: “ better than ave. of S. W. Texas. Ship not later than 15th Nov. 1902.” By a letter dated October 23,1902, the defendants undertook, of their own motion, to cancel the contract. To this the plaintiff refused to assent, and so notified defendants. On November 8, plaintiff wired defendants that the car of pecans was loaded and…
2Cases cited3 opinions
- Guillon v. EarnshawSupreme Court of Pennsylvania · 1895
- Hooper, Seving & Co. v. Bromley Bros. Carpet Co.Superior Court of Pennsylvania · 1899
- Moody v. McTaggartSuperior Court of Pennsylvania · 1905
3Cited by4 opinions
- Barber Milling Co. v. Leichthammer Baking Co.Supreme Court of Pennsylvania · 1922
- Rees v. R. A. Bowers Co.Supreme Court of Pennsylvania · 1924
- Franklin Sugar Refining Co. v. John, Pennsylvania Court of Common Pleas, Alleghany County1922
- Penn-Mar Knitting Co. v. I. Fisher Son & Co., Pennsylvania Court of Common Pleas, Philadelphia County1925