Legal Opinion

Jones & Laughlin Steel. Co. v. Wood & Co.

Supreme Court of Pennsylvania

Decided May 10, 1915No. Appeal, No. 355PublishedCited by 5 opinions

Appeal, No. 355, Jan. T., 1914, by defendants, from judgment of C. P. No. 4, Philadelphia Co., Dec. T., 1911, No. 417, for plaintiff, on demurrer to statement of claim, in case of Jones & Laughlin Steel Company, a corporation, v. George Wood, Walter Wood and Stuart Wood, surviving partners of the late firm of E. D. Wood and Company, composed of themselves and Eichard Wood, now deceased. Assumpsit for breach of warranty.

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Appeal, No. 355, Jan. T., 1914, by defendants, from judgment of C. P. No. 4, Philadelphia Co., Dec. T., 1911, No. 417, for plaintiff, on demurrer to statement of claim, in case of Jones & Laughlin Steel Company, a corporation, v. George Wood, Walter Wood and Stuart Wood, surviving partners of the late firm of E. D. Wood and Company, composed of themselves and Eichard Wood, now deceased. Assumpsit for breach of warranty. On demurrer to the plaintiff’s statement of claim Audenried, J., filed the following opinion: This action was brought for the recovery of the plaintiff’s reasonable…

1Opinion of the Court

Opinion by

Me. Justice Elkin,

Plaintiff sued in assumpsit for damages resulting from a breach of contract. In the statement of claim the entire contract between the parties, including drawings, specifications, correspondence, requirements, uses, terms and conditions, was fully set forth. What constituted the breach was also averred and the damage resulting as a necessary consequence of that breach was set out in an itemized statement made part of the declaration. The defendants demurred on the following grounds: (1) That the statement of claim did not show a valid cause of action in that the…

2Cases cited6 opinions

  1. Boston Woven Hose & Rubber Co. v. KendallMassachusetts Supreme Judicial Court · 1901
  2. Erie City Iron Works v. Barber & Co.Supreme Court of Pennsylvania · 1883
  3. Port Carbon Iron Co. v. GrovesSupreme Court of Pennsylvania · 1871
  4. Haines, Jones & Cadbury Co. v. YoungSuperior Court of Pennsylvania · 1900
  5. Wade v. HaycockSupreme Court of Pennsylvania · 1855

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Ebbert v. Philadelphia Electric Co.Superior Court of Pennsylvania · 1936
  2. Delta Tank Manufacturing Co. v. Weatherhead Co.District Court, N.D. Ohio · 1957
  3. Lewis v. FOOD MACHINERY AND CHEMICAL CORP., JOHN BEAN DIV.District Court, W.D. Michigan · 1965
  4. Turkish State Railways Administration v. Vulcan Iron WorksDistrict Court, M.D. Pennsylvania · 1957
  5. Connelly v. Hoffman, Pennsylvania Court of Common Pleas, Montgomery County1955

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