Miller v. James Smith Woolen Machinery Co.
Supreme Court of Pennsylvania
Appeal, No. 172, Jan. T., 1907, by appellant, from judgment of O. P. No. 5, Phila. Co., Sept. T., 1903, No. 1,455, on verdict for defendant in case of William Miller et al. v. James Smith Woolen Machinery Company. Assumpsit to recover the price of a machine. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 172, Jan. T., 1907, by appellant, from judgment of O. P. No. 5, Phila. Co., Sept. T., 1903, No. 1,455, on verdict for defendant in case of William Miller et al. v. James Smith Woolen Machinery Company. Assumpsit to recover the price of a machine. The facts are stated in the opinion of the Supreme Court. When Thomas Miller was on the stand the following offer was made: Mr. Johnson: I offer to prove by this witness that (the dryer was changed) after it had been erected and constructed in accordance with the contract, ivithout the knowledge or consent and without notice being given…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This was an action of assumpsit to recover the price of a drying machine erected by plaintiff, in a factory at Cohoes, New York, under a contract with the defendant. The contract was in writing, and was set forth in a letter from the plaintiff to the defendant, dated December 8, 1902. The offer therein contained was accepted in accordance with its terms on December 10, 1902. The letter sets forth that the plaintiff “ will be pleased to furnish you with one of our latest improved ‘ Twentieth Century Dryers ’ for drying glazed cotton.” Then, after describing the…
2Cases cited2 opinions
- Creachen v. Bromley Bros. Carpet Co.Supreme Court of Pennsylvania · 1906
- Fleming v. DixonSupreme Court of Pennsylvania · 1899
3Cited by10 opinions
- Commonwealth v. BrownSupreme Court of Pennsylvania · 1919
- Commonwealth v. LockettSupreme Court of Pennsylvania · 1927
- United States Gypsum Co. v. Birdsboro Steel Foundry & MacHine Co.Superior Court of Pennsylvania · 1947
- Pringle v. SmithSupreme Court of Pennsylvania · 1927
- Balin v. KimmelmanSupreme Court of Pennsylvania · 1928
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