Mason-Heflin Coal Co. v. Currie
Supreme Court of Pennsylvania
Appeal, No. 361, Jan. T., 1921, by plaintiff, from order of C. P. No. 2, Phila. Co., June T., 1920, No. 3492, sustaining affidavit of defense in nature of demurrer, in case of Mason-Heflin Coal Co. v. Benjamin C. Currie and James H. Campbell, trading as Currie & Campbell. Affidavit of defense in nature of demurrer. Before Stern, J. The opinion of the Supreme Court states the facts. The court made an order, sustaining the affidavit of defense in nature of demurrer.
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Appeal, No. 361, Jan. T., 1921, by plaintiff, from order of C. P. No. 2, Phila. Co., June T., 1920, No. 3492, sustaining affidavit of defense in nature of demurrer, in case of Mason-Heflin Coal Co. v. Benjamin C. Currie and James H. Campbell, trading as Currie & Campbell. Affidavit of defense in nature of demurrer. Before Stern, J. The opinion of the Supreme Court states the facts. The court made an order, sustaining the affidavit of defense in nature of demurrer. Plaintiff appealed. Error assigned was above order, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
Plaintiff averred, in its statement of claim, that defendants verbally agreed to deliver to it 15,000 tons of coal; that they also made a contract with the Regal Coal Mining Company to deliver this' coal to plaintiff (which contract is now claimed to be a sufficient memorandum under section 4 of the Sales Act of May 19,1915, P. L. 543); and that defendants broke their agreement with plaintiff, whereby it suffered a loss of $78,750. Defendants’ affidavit of defense alleged the agreement with plaintiff was not enforceable because of the foregoing section of the…
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