Ogden v. Beatty
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFFS FROM THE COURT OE COMMON PLEAS . NO. 4 OE PHILADELPHIA COUNTY. No. 113 January Term 1890, Sup. Ct.; court below, No. 319 March Term 1889, C. P. No. 4. On May 4,1889, Emanuel Ogden, John D. Hutchinson and George Hutchinson brought assumpsit against James M. Beatty, trading as James M. Beatty & Co. The plaintiffs filed a verified statement of claim, declaring upon a book account for yarn sold by them to the defendant, amounting to $1,118.75, and also upon…
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APPEAL BY PLAINTIFFS FROM THE COURT OE COMMON PLEAS . NO. 4 OE PHILADELPHIA COUNTY. No. 113 January Term 1890, Sup. Ct.; court below, No. 319 March Term 1889, C. P. No. 4. On May 4,1889, Emanuel Ogden, John D. Hutchinson and George Hutchinson brought assumpsit against James M. Beatty, trading as James M. Beatty & Co. The plaintiffs filed a verified statement of claim, declaring upon a book account for yarn sold by them to the defendant, amounting to $1,118.75, and also upon four promissory notes, three of which were drawn by the T: Hermann Manufacturing Company and indorsed by the defendant,…
1Opinion of the Court
Opinion,
Mr. Justice McCollum:
It is averred in the affidavit of defence that the notes and account in suit represent the price of yarn purchased by the defendant of the plaintiffs, by sample which he ■ exhibited to them; that the yarn delivered by the plaintiffs to the defendant was inferior in grade and quality to the sample shown, and that, in consequence thereof, he has sustained damage to the amount of many thousand dollars in excess of the sum demanded by the plaintiffs. It is to be noted that neither the quantity, market price, or quality of the yarn purchased or of the yarn delivered,…
2Cases cited1 opinion
- Titusville Iron Works v. Keystone Oil Co.Supreme Court of Pennsylvania · 1889
3Cited by8 opinions
- Genesee Paper Co. v. BogertSuperior Court of Pennsylvania · 1903
- E. B. Weed & Co. v. WeinbergerSuperior Court of Pennsylvania · 1899
- Sprissler v. McFetridgeSuperior Court of Pennsylvania · 1908
- Dunn v. Pittsburg Jewelry Manufacturing Co.Superior Court of Pennsylvania · 1910
- Fuhrman v. StackmanSuperior Court of Pennsylvania · 1905
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