Charles E. Hires Co. v. Stromeyer
Superior Court of Pennsylvania
Appeal, No. 72, Oct. T., 1916, by plaintiff, from judgment of Municipal Court, Philadelphia Co., Aug. T., 1915, No. 91, for defendant n. o. v. in case of Charles E. Hires Company v. Julius Stromeyer, trading as J. Stromeyer & Company. Assumpsit for breach of contract to sell and deliver sugar.
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Appeal, No. 72, Oct. T., 1916, by plaintiff, from judgment of Municipal Court, Philadelphia Co., Aug. T., 1915, No. 91, for defendant n. o. v. in case of Charles E. Hires Company v. Julius Stromeyer, trading as J. Stromeyer & Company. Assumpsit for breach of contract to sell and deliver sugar. The statement averred that the sugar delivered was not according to the contract was rejected and that plaintiff suffered loss by reason of being obliged to purchase other sugar in the market at an advanced price. The facts are stated in the opinion of the Superior Court. The case was tried by the court…
1Opinion of the Court
Opinion by
Trenler, J.,
The plaintiff purchased of the defendant five hundred bags of sugar to be delivered clean and merchantable in lined, jute sacks. The sugar was furnished in unlined sacks and was found to be unclean and unfit for plaintiff’s use. The sugar was returned to defendant by the plaintiff who went into the open market and bought the nearest substitute paying a higher price than was stipulated in the contract. It now brings suit for its damages. The case was tried before a judge in the Municipal Court without a jury and resulted in finding for the plaintiff which the court, the…
2Cases cited9 opinions
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