Thomas Roberts & Co. v. Andrews & Co.
Superior Court of Pennsylvania
Appeal, No. 224, Oct. T., 1899, by defendants, in suit of Thomas Roberts & Company against J. B. Andrews & Company, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1899, No. 104, in favor of plaintiffs- for want of a sufficient affidavit of defense. Opinion by W. D. Porter, J. Assumpsit. Before the court in banc.
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Appeal, No. 224, Oct. T., 1899, by defendants, in suit of Thomas Roberts & Company against J. B. Andrews & Company, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1899, No. 104, in favor of plaintiffs- for want of a sufficient affidavit of defense. Opinion by W. D. Porter, J. Assumpsit. Before the court in banc. It appears from the record that this was an action for an alleged breach of contract founded upon the following writings : A. It is agreed under signature given below that Thomas Roberts & Company are to charge their commission on all goods of our pack sold through any other…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
We must assume that the two written instruments signed by the defendant, dated January 26, 1899, (copies of which appear in the statement of facts in the report of this case), embrace the entire contract, for the affidavit of defense specifi*315cally avers that the only understanding and agreement between the parties was that set forth in the said papers. The affidavit of defense avers that the defendant canceled said written instruments and notified the plaintiffs of the withdrawal of their authority to make sales on January 27, 1899, the next day after the instruments…
2Cases cited5 opinions
- United States v. PeckSupreme Court of the United States · 1880
- Cockle v. FlackSupreme Court of the United States · 1877
- Matthews v. . CoeNew York Court of Appeals · 1877
- Baugh v. KirkpatrickSupreme Court of Pennsylvania · 1867
- Smedley v. Williams, Pennsylvania Court of Common Pleas, Philadelphia County1849