McKeefry v. United States Radiator Co.
Superior Court of Pennsylvania
Appeal, No. 44, April T., 1906, by defendant, from judgment of C. P. Westmoreland Co., May T., 1904, No. 228, on verdict for plaintiff in case of McKeefry & Company v. United States Radiator Company. Assumpsit to recover for a breach of contract. Before McConnell, J. The facts appear by the opinion of the Superior Court.
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Appeal, No. 44, April T., 1906, by defendant, from judgment of C. P. Westmoreland Co., May T., 1904, No. 228, on verdict for plaintiff in case of McKeefry & Company v. United States Radiator Company. Assumpsit to recover for a breach of contract. Before McConnell, J. The facts appear by the opinion of the Superior Court. The court charged in part as follows : Looking at all these sources of information we believe, and therefore instruct you, that this is an entire contract and was so designed to be by the parties, and that the manner of paying will not destroy the entirety of the contract. As…
1Opinion of the Court
Opinion by
Orlady, J.,
On March 13, 1903, the defendant company gave the plaintiff an order in writing, as follows : “ Please forward to us at West Newton, via B. & O. two hundred (200) tons Seneca, at $21.00 per gross ton. Time of delivery; One car per week, July and August.” This was accepted, and filled in part by *267the delivery of carload lots of pig iron of the designated brand. The shipments began in August, and from the correspondence between the parties, it is quite apparent that the time of delivery of the subsequent shipments corresponded with the orders given by the defendant company.…
2Cases cited2 opinions
- Easton v. JonesSupreme Court of Pennsylvania · 1899
- Shinn v. BodineSupreme Court of Pennsylvania · 1869
3Cited by1 opinion
- Thorpe v. SchoenbrunSuperior Court of Pennsylvania · 1963