Foell Packing Co. v. Harris

Opinion by

Stadteeld, J.,

This appeal arises out of an action of assumpsit tried in the County Court of Allegheny County, in which case, at the conclusion of the testimony, a verdict was directed for the plaintiff for the full amount claimed. Motion for new trial was overruled, after argument before the court en banc, in an opinion by Piekarski, J., and judgment entered on the verdict. This appeal followed.

On March 9, 1933, the defendant orally ordered from a salesman of the plaintiff, one hundred cases of pigs feet to be packed in glass jars. Fifty cases were to be shipped at once, and fifty…