Legal Opinion

Price v. Beach

Superior Court of Pennsylvania

Decided April 28, 1902No. Appeal, No. 7PublishedCited by 7 opinions

Appeal, No. 7, Jan. T., 1902, by plaintiff, from judgment of C. P. Tioga Co., Sept. T., 1900, No. 479, on verdict for plaintiffs in case of Samuel B. Price and J. Potter Clark, Copartners, trading as Price & Clark, v. M. K. Beach. Assumpsit on a contract of sale. Before Niles, P. J. The facts appear by the opinion of the Superior Court.

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Appeal, No. 7, Jan. T., 1902, by plaintiff, from judgment of C. P. Tioga Co., Sept. T., 1900, No. 479, on verdict for plaintiffs in case of Samuel B. Price and J. Potter Clark, Copartners, trading as Price & Clark, v. M. K. Beach. Assumpsit on a contract of sale. Before Niles, P. J. The facts appear by the opinion of the Superior Court. The court admitted under exception and objection evidence to the effect that the defendant after rescinding the contract told a witness that he was still keeping the hay for Davis. [17, 18] Plaintiffs’ points among others were as follows: 2. Even if the jury…

1Opinion of the Court

Opinion by

W. D. Porter, J.,

In the latter part of September, 1899, the parties to this litigation entered into a contract for the sale and delivery by the defendant to the plaintiffs of a certain lot of hay then in the barns of the former. Under the terms of the contract the plaintiffs were to pay $9.00 per ton for the hay and to press it into bales at the barns of the defendant, ivho after that work was done Avas to deliver the hay at Davis station, Ardiere the plaintiffs- were to furnish cars to receive it. The plaintiffs agreed to send the press to bale the hay the next iveek but one after…

2Cases cited7 opinions

  1. Zuck v. McClure & Co.Supreme Court of Pennsylvania · 1881
  2. Rugg & Bryan v. MooreSupreme Court of Pennsylvania · 1885
  3. Hocking v. HamiltonSupreme Court of Pennsylvania · 1893
  4. Forsyth v. North American Oil Co.Supreme Court of Pennsylvania · 1866
  5. Dwight v. EckertSupreme Court of Pennsylvania · 1888

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Warren Tank Car Co. v. DodsonSupreme Court of Pennsylvania · 1938
  2. Riddle Co. v. TaubelSupreme Court of Pennsylvania · 1923
  3. Stone v. C. I. T. Corp.Superior Court of Pennsylvania · 1936
  4. Portland Ice Co. v. ConnorSuperior Court of Pennsylvania · 1904
  5. Goff-Kirby Coal Co. v. Marine Coal Co.Superior Court of Pennsylvania · 1906

2 more not listed; retrieve them via the Exa API.

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