Cleveland Worsted Mills Co. v. Myers-Jolesch Co.
Supreme Court of Pennsylvania
Appeal, No. 43, Jan. T., 1920, by defendant, from order of C. P. No. 1, Phila. Co., March T., 1917, No. 2610, granting a new trial in the case of the Cleveland Worsted Mills Company v. Myers-Jolesch Company, Inc. Assumpsit for purchase price of goods sold and delivered. Before Patterson, J. Verdict for defendant with a certificate in the sum of $6,027.87. The court granted plaintiffs motion for a new trial. Defendant appealed.
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Appeal, No. 43, Jan. T., 1920, by defendant, from order of C. P. No. 1, Phila. Co., March T., 1917, No. 2610, granting a new trial in the case of the Cleveland Worsted Mills Company v. Myers-Jolesch Company, Inc. Assumpsit for purchase price of goods sold and delivered. Before Patterson, J. Verdict for defendant with a certificate in the sum of $6,027.87. The court granted plaintiffs motion for a new trial. Defendant appealed. Error assigned was the order granting a new trial.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
Plaintiff sued to recover the price of certain yarn sold and delivered to defendant. The latter admitted liability therefor, but alleged the yarn was inferior in quality and hence it was only obliged to pay the actual value thereof; also that the sale was made under a special contract by which plaintiff agreed but later refused to deliver certain other yarn to defendant, whereby it suffered a loss in excess of plaintiff’s claim. Upon the *311trial of these issues the jury rendered a verdict for defendant with a certificate in its favor. A motion for a new trial was…
2Cases cited1 opinion
- Mirkil v. MorganSupreme Court of Pennsylvania · 1890
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- Reese v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1939
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