Theiss v. Weiss
Supreme Court of Pennsylvania
Appeal, No. 260, Oct. T., 1894, by defendant, from judgment of G. P. No. 2, Allegheny Co., April T., 1893, No. 207, on a verdict for plaintiff. . Assumpsit to recover damages for failure to deliver flour under contract in writing. The contract in writing was as follows : “ Pittsburg, Aug. 4,1891. “ Mess. Theo.
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Appeal, No. 260, Oct. T., 1894, by defendant, from judgment of G. P. No. 2, Allegheny Co., April T., 1893, No. 207, on a verdict for plaintiff. . Assumpsit to recover damages for failure to deliver flour under contract in writing. The contract in writing was as follows : “ Pittsburg, Aug. 4,1891. “ Mess. Theo. Weiss sold Peter Theiss one hundred cars of straight flour, to be delivered on P. Theiss’ order, cars to contain 200 bbls. each car, flour to be equal to Theiss, Kuegle & Company’s flour, to be delivered two cars per day. Pay, sight draft, with bill of lading attached; price to be $4.00…
1Opinion of the Court
Opinion by
Mb. Justice Gbeen,
The plaintiff testified on the trial, very positively and directly, that he sold all the flour he bought from the defendant, to various_jBrms and individuals immediately after the contract in suit was made. He also said he was obliged to purchase the flour to fill those orders. He was permitted to prove, and did prove, the market price of flour during the time he was making the sales. He admitted however that he got most of the flour with which to fill these orders from his own firm. The defendant asked the plaintiff what the flour he thus obtained cost *16him, and…
2Cases cited6 opinions
- Seely v. AldenSupreme Court of Pennsylvania · 1869
- Wehle v. . HavilandNew York Court of Appeals · 1877
- Kountz v. Kirkpatrick & LyonsSupreme Court of Pennsylvania · 1873
- Arnold v. BlabonSupreme Court of Pennsylvania · 1892
- Haskell v. HunterMichigan Supreme Court · 1871
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3Cited by30 opinions
- United States v. RubensteinCourt of Appeals for the Second Circuit · 1945
- New York Trust Co. v. Island Oil & Transport CorporationCourt of Appeals for the Second Circuit · 1929
- Norwood Lumber Corporation v. McKeanCourt of Appeals for the Third Circuit · 1946
- United States v. Palmer & Parker Co.Court of Appeals for the First Circuit · 1932
- Gore Products v. Texas N. O. R. Co.Louisiana Court of Appeal · 1948
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