Sherman v. Consolidated Dental Manufacturing Co.
Supreme Court of Pennsylvania
Appeal, No. 197, Jan. T., 1901, by defendant, from order of C. P. No. 3, Phila. Co., June T., 1899, No. 914, dismissing exceptions to report of referee in case of Charles E. Sherman v. Consolidated Dental Manufacturing Company. Assumpsit for a balance alleged to be due under a contract in writing. For the facts see Sherman v. Consolidated Dental Manufacturing Company, ante, p. 446, and the opinion of the Supreme Court.
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Appeal, No. 197, Jan. T., 1901, by defendant, from order of C. P. No. 3, Phila. Co., June T., 1899, No. 914, dismissing exceptions to report of referee in case of Charles E. Sherman v. Consolidated Dental Manufacturing Company. Assumpsit for a balance alleged to be due under a contract in writing. For the facts see Sherman v. Consolidated Dental Manufacturing Company, ante, p. 446, and the opinion of the Supreme Court. Errors assigned were in overruling exceptions to report of referee.
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
This is a cross appeal by plaintiff from the same judgment already considered in Sherman v. Dental Co., appellant, ante, p. 446. The only question now raised is upon the correctness of the referee’s statement of the account.
The agreement between the parties, in clause six provides that plaintiff “ agrees in making sales of said, goods, that such sales shall be made only to such person or persons as are responsible.” This clearly contemplates sales on credit, and so the referee held. But he also held that “ it is so obviously the intention that Sherman should nob…
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