Sheritt & Stoer Co. v. Roberts Engineering Co.
Superior Court of Pennsylvania
Appeal, No. 117, Oct. T., 1919, by defendant, from judgment of C. P. No. 4, Philadelphia Co., June T., 1917, No. 4009, on verdict for plaintiff in the case of Sheritt & Stoer Company, Inc., a corporation, v. Roberts Engineering Company, a corporation. Assumpsit for purchase price of grinding machine. Before Carr, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $785.42 and judgment thereon. Defendant appealed.
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Appeal, No. 117, Oct. T., 1919, by defendant, from judgment of C. P. No. 4, Philadelphia Co., June T., 1917, No. 4009, on verdict for plaintiff in the case of Sheritt & Stoer Company, Inc., a corporation, v. Roberts Engineering Company, a corporation. Assumpsit for purchase price of grinding machine. Before Carr, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $785.42 and judgment thereon. Defendant appealed. Error assigned, among others, was the refusal of defendant’s points as quoted in the opinion of the Superior Court.
1Opinion of the Court
Opinion by
Keller, J.,
The plaintiff sued the defendant for .$692, the purchase price of a Gardner grinding machine. The defendant admitted owing this sum, but claimed to set off damages , sustained by it by reason of a breach of warranty of a No. 3 Lees Bradner thread milling machine previously sold by the plaintiff to one C. V. Roberts and paid for; the right of action for said breach having been assigned by Roberts to the defendant previous to this suit.
Four assignments of error have been filed which we will consider in their order.
1. The evidence of the plaintiff showed that an incomplete…
2Cases cited10 opinions
- Frech v. LewisSupreme Court of Pennsylvania · 1907
- Bughman v. Central BankSupreme Court of Pennsylvania · 1893
- Spiegelberg v. KarrSuperior Court of Pennsylvania · 1904
- Samuel v. Delaware River Steel Co.Supreme Court of Pennsylvania · 1919
- Bowen v. BurkSupreme Court of Pennsylvania · 1850
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3Cited by2 opinions
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