Kuebler v. Haines
Supreme Court of Pennsylvania
Appeal, No. 339, Jan. T., 1909, by defendant, from judgment of C. P. Northampton Co., Dec. T., 1907, No. 7, on verdict for plaintiff in case of W. J. Kuebler, Receiver of Sterlingworth Railway-Supply Company, v. Harry B. Haines, defendant, and Pennsylvania Brake-Beam Company, garnishee. Foreign attachment on assumpsit for goods sold and delivered.
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Appeal, No. 339, Jan. T., 1909, by defendant, from judgment of C. P. Northampton Co., Dec. T., 1907, No. 7, on verdict for plaintiff in case of W. J. Kuebler, Receiver of Sterlingworth Railway-Supply Company, v. Harry B. Haines, defendant, and Pennsylvania Brake-Beam Company, garnishee. Foreign attachment on assumpsit for goods sold and delivered. Before Scott, P. J. At the trial the court refused under objection and exception to permit the defendant to offer proof of damage sustained by him by reason of the failure of the Sterling-worth Railway Supply Company to deliver to him (balance of)…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
On September 22, 1906, H. B. Haines, the appellant, telegraphed the Sterlingworth Railway Supply Company that he would contract with it, at a price stated, for 1,200 gross tons of rolled steel castings — 200 tons to be delivered promptly, with the privilege of 500 additional tons for future delivery. On the 25th of the same month the president of the company wrote him that his proposition had been accepted and asked that specifications be promptly sent. These were sent to the company on October 1, and on the 5th their receipt was acknowledged in a letter in which…
2Cases cited4 opinions
- Farmers Dep. N. Bank v. Penn BankSupreme Court of Pennsylvania · 1889
- Barclay v. Edlis Barber Supply Co.Superior Court of Pennsylvania · 1909
- Singerly v. FoxSupreme Court of Pennsylvania · 1874
- Fessler v. Love & PowellSupreme Court of Pennsylvania · 1862
3Cited by2 opinions
- Franklin Trust Co. of Philadelphia CaseSupreme Court of Pennsylvania · 1935
- Butterworth v. Degnon Construction Co.District Court, S.D. New York · 1913