Pittsburgh Provision & Packing Co. v. Cudahy Packing Co.
Supreme Court of Pennsylvania
Appeal, No. 59, Oct. T., 1917, by defendant, from- judgment of O. P. Allegheny Co., April T., 1914, No1. 381, on verdict for plaintiff in case of Pittsburgh Provision & Packing Company, a corporation, v. The Cudahy Packing Company, a corporation. Assumpsit to recover price paid for merchandise. Before Davis, J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $4,036.70, and judgment thereon. Defendant appealed.
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Appeal, No. 59, Oct. T., 1917, by defendant, from- judgment of O. P. Allegheny Co., April T., 1914, No1. 381, on verdict for plaintiff in case of Pittsburgh Provision & Packing Company, a corporation, v. The Cudahy Packing Company, a corporation. Assumpsit to recover price paid for merchandise. Before Davis, J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $4,036.70, and judgment thereon. Defendant appealed. Errors assigned, among others, were the refusal of binding instructions for defendant and the refusal of defendant’s motion for judgment n. o. v.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Plaintiff and defendant are both engaged in the wholesale meat and provision business in the City of Pittsburgh and on June 21,1913, plaintiff sent to defendant’s office in that city an order as follows: “Please ship the following articles and send invoice and shipping receipt or bill of lading to above address, stating how shipped, route, etc., and giving car numbers and initials: 16,000 pounds Fresh Boneless Beef Chucks, 12y2c c. a. f. Pittsburgh; 5,000 lbs. Fresh Beef Trimmings 12c c. a. f. Pittsburgh, packed in sugar barrels, lightly salted. Guaranteed…
2Cases cited6 opinions
- Dannemiller v. KirkpatrickSupreme Court of Pennsylvania · 1902
- F. B. Fogel & Co. v. BrubakerSupreme Court of Pennsylvania · 1888
- Perlman & Co. v. Sartorius & Co.Supreme Court of Pennsylvania · 1894
- Braunn & Fitts v. Keally, Pennsylvania Court of Common Pleas, Alleghany County1892
- United Fruit Co. v. BiseseSuperior Court of Pennsylvania · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Commonwealth v. Gilmour Manufacturing Co.Supreme Court of Pennsylvania · 2003
- Madeirense Do Brasil S/A v. Stulman-Emrick Lumber Co.Court of Appeals for the Second Circuit · 1945
- New York & Pennsylvania Co. v. Cunard Coal Co.Supreme Court of Pennsylvania · 1926
- Harvey Probber, Inc. v. KauffmanSuperior Court of Pennsylvania · 1956
- Popper v. RosenSupreme Court of Pennsylvania · 1928
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