Germain Fruit Co. v. Thomas Roberts & Co.
Superior Court of Pennsylvania
Appeal, No. 61, Oct. T., 1898, by defendants, from judgment of C. P. No. 4, Pbila. Co., Dec. T., 1895, No. 349, on verdict for plaintiff. Assumpsit. Before Willson, J. It appears from tbe record that plaintiff sued defendants upon an executory contract (the text of which is set out in the opinion of the court) for the sale of prunes.
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Appeal, No. 61, Oct. T., 1898, by defendants, from judgment of C. P. No. 4, Pbila. Co., Dec. T., 1895, No. 349, on verdict for plaintiff. Assumpsit. Before Willson, J. It appears from tbe record that plaintiff sued defendants upon an executory contract (the text of which is set out in the opinion of the court) for the sale of prunes. It also appears-from the evidence that the carload of prunes arrived in Philadelphia in the first days of October, 1895, when they were rejected by defendants, who alleged that they were not such goods either in quality of condition, as plaintiff was required…
1Opinion of the Court
Opinion by
Rice, J..
This was an action upon an executory contract of sale, which was as follows:
“ Philadelphia, Aug. 1, 1895.
“ Sold to Mess. Thos. Roberts & Co., Philada., Penna. For account of Germain Fruit Co., Los Angeles, Cal. One Car Cal. Prunes in Bags at 4|-c. per lb. F. O. B. Cal. Equal quantities Each Size 60’s 70’s 80’s 90’s Choice New Fruit undipped — first half Sept., Shipment — Cash S. D. on arrival & Ex. of goods.
“ J. M. Stattepeb, & Co.”
The prunes were shipped from California on September 17, and arrived in Philadelphia on or about October 1. The defendants examined the goods,…
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