Andersen Coal Mining Co. v. Sloan, Howell & Co.
Superior Court of Pennsylvania
Appeal, No. 189, Oct. T., 1910, by defendant, from judgment of C. P. No. 3, Phila.' Co., March T., 1907, No. 1,944, on verdict for plaintiff in case of Andersen Coal Mining Company v. Sloan, Howell & Company. Assumpsit on a guaranty. Before Davis, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 189, Oct. T., 1910, by defendant, from judgment of C. P. No. 3, Phila.' Co., March T., 1907, No. 1,944, on verdict for plaintiff in case of Andersen Coal Mining Company v. Sloan, Howell & Company. Assumpsit on a guaranty. Before Davis, J. The facts are stated in the opinion of the Superior Court. The court charged in part as follows: The plaintiff in this case, the Andersen Coal Mining Company, brings its action to recover the sum of 1739.90, with interest thereon from December 20, 1905, for coal sold and delivered on December 14, and December 20, 1905, to the Hughs-Hatch Coal…
1Opinion of the Court
Opinion by
Henderson, J.,
It is very clear that the contract out of which this action arises was made by the agent of the defendant in the course of the business of the company, which was the purchase and sale of coal. The plaintiff did not know the consignee except through the shipping instructions given by the defendant and offered to bill the coal to the defendant or to the Hughes-Hatch Coal Company if the defendant would guarantee the account. This the defendant agreed to do according, to the plaintiff’s testimony and thereupon the letter of December 7, 1905, was forwarded by the…
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