Hercules Chemical Co. v. Orlowitz
Superior Court of Pennsylvania
Appeal, No. 80, Oct. T., 1918, by defendant, from judgment of Municipal Court of Philadelphia, May T., 1917, No. 308, in favor of plaintiff in case tried by the court without a jury in suit of Hercules Chemical Company v. Maurice Orlowitz, trading as Kensington Supply Co. Assumpsit on a book account. Before Cassidy, J., without a jury. The facts appear in the opinion of the Superior Court. The court found in favor of the plaintiff for $198 and entered judgment thereon.
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Appeal, No. 80, Oct. T., 1918, by defendant, from judgment of Municipal Court of Philadelphia, May T., 1917, No. 308, in favor of plaintiff in case tried by the court without a jury in suit of Hercules Chemical Company v. Maurice Orlowitz, trading as Kensington Supply Co. Assumpsit on a book account. Before Cassidy, J., without a jury. The facts appear in the opinion of the Superior Court. The court found in favor of the plaintiff for $198 and entered judgment thereon. Defendant appealed. Error assigned, among others, was the judgment of the court.
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff’s statement of claim averred an indebtedness upon a book account, for goods sold and delivered, and did not allege or refer to any written agreement. The defendant’s answer admitted having received the goods, but alleged that they were merely placed with the defendant as a trial order, and that he had contracted with the agent of the plaintiff that he should have the right to return the goods within two months, if in his opinion he was unable to use so large a quantity, and that the plaintiff’s agent had contracted to obtain orders for the goods from the…
2Cited by2 opinions
- Godding v. SwansonSuperior Court of Pennsylvania · 1953
- Godding v. CooperSuperior Court of Pennsylvania · 1955