Yaryan Co. v. Pennsylvania Glue Co.
Supreme Court of Pennsylvania
Appeal, No. 103, Oet. T., 1896, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T.r 1894, No. 306, on verdict for plaintiff. Assumpsit on a contract. Before White, J. Plaintiff sold defendant a machine known as the “ Yaryan Triple Effect Evaporator.”
Read the full summary
Appeal, No. 103, Oet. T., 1896, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T.r 1894, No. 306, on verdict for plaintiff. Assumpsit on a contract. Before White, J. Plaintiff sold defendant a machine known as the “ Yaryan Triple Effect Evaporator.” After some preliminary negotiations on the morning of May 2,1892, Mr. Hewitt, defendant’s manager, wrote the following letter : “New York, May 13, 1892. “ The Yaryan Co.: “ Bear Sirs — Please draw up the papers relating to the Providence machine just purchased by the Penn. Glue Company and mail them to me at 13 Burling Slip.…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The plaintiff on May 13, 1892, sold to the defendant a “Triple Effect Yaryan Evaporater” for $7,000, one half thereof -to be paid on delivery, and the other half to be paid in three months thereafter. Certain work was done in connection with *495the erection and operation of the evaporator in the defendant’s factory in Chicago, by persons sent there by the plaintiff on an understanding with the defendant that the work should be done at the expense of the latter. On the delivery of the evaporator the defendant paid one half the price of it, but it has not paid…
2Cases cited2 opinions
- Pittsb. Melting Co. v. ReeseSupreme Court of Pennsylvania · 1888
- Respublica v. DuaneSupreme Court of Pennsylvania · 1807
3Cited by1 opinion
- Lowry v. RoySupreme Court of Pennsylvania · 1913