Robinson v. Listonburg Coal Mining Co.
Superior Court of Pennsylvania
Appeal, No. 119, April T., 1914, by defendant, from judgment of C. P. Somerset Co., Sept. T., 1913, No. 78, on verdict for plaintiff in case of J. R. Robinson v. Listonburg Coal Mining Company. Trespass to recover the price of a ventilating fan. Before Ruppel, P. J. At the trial the court charged as follows: The plaintiff brings this suit to recover for the price of a fan which he sold to the defendant.
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Appeal, No. 119, April T., 1914, by defendant, from judgment of C. P. Somerset Co., Sept. T., 1913, No. 78, on verdict for plaintiff in case of J. R. Robinson v. Listonburg Coal Mining Company. Trespass to recover the price of a ventilating fan. Before Ruppel, P. J. At the trial the court charged as follows: The plaintiff brings this suit to recover for the price of a fan which he sold to the defendant. On March 29, 1912, the parties entered into a written article of agreement by which the plaintiff agreed to furnish the defendant with a fan of certain dimensions; that fan was to be delivered…
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff submitted an offer with specifications for an engine and ventilating fan for use in the defendant’s coal mine. After some correspondence between the parties relating to a change in diameter of the fan, the defendant wired on April 24, 1912, “Please.hurry *140up fan as much, as possible.” This order was subsequent to a full and clear' description of the machine, and the work demanded of it by the defendant. . On May 13, 1912, the superintendent of the company wrote: “We finished installation of fan on May 5th, and started it on May 6th; we had it running in good…
2Cases cited7 opinions
- Farquhar v. McAlevy, Pennsylvania Court of Common Pleas, Huntingdon County1891
- Himes v. KiehlSupreme Court of Pennsylvania · 1893
- Spiegelberg v. KarrSuperior Court of Pennsylvania · 1904
- Seigworth v. LeffelSupreme Court of Pennsylvania · 1875
- Otis Elevator Co. v. Flanders Realty Co.Supreme Court of Pennsylvania · 1914
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3Cited by3 opinions
- Wright v. General Carbonic Co.Supreme Court of Pennsylvania · 1921
- Automobile Finance Co. v. RosenheimSuperior Court of Pennsylvania · 1920
- United States v. Dewart Milk Products Co.District Court, M.D. Pennsylvania · 1924