Bodman v. Nathaniel Fisher & Co.
Supreme Court of Pennsylvania
Appeal, No. 88, Oct. T., 1920, by defendant, from judgment of O. P. Allegheny Co., July T., 1917, No. 39, on verdict for plaintiff in case of F. H. Bodman v. Nathaniel Fisher & Co. Assumpsit on contract of agency for the sale of shoes in specified territory. Before Kline, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $2,600. Defendant appealed.
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Appeal, No. 88, Oct. T., 1920, by defendant, from judgment of O. P. Allegheny Co., July T., 1917, No. 39, on verdict for plaintiff in case of F. H. Bodman v. Nathaniel Fisher & Co. Assumpsit on contract of agency for the sale of shoes in specified territory. Before Kline, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $2,600. Defendant appealed. Errors assigned were (1) admission of evidence that orders sent in were accepted, (2) admission of weekly-earnings for time plaintiff was off the road, (3) in ruling that burden was on defendant to prove…
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Plaintiff sued to recover commissions claimed to be due him, under a contract whereby he agreed to sell shoes for defendant in designated territory, also for damages alleged to have been sustained by reason of breach of the contract. Defendant denied liability on orders sent in by plaintiff as follows: first, on orders refused owing to lack of purchasers’ credit; second, orders taken contrary to authority; third, for merchandise not *537on liand for delivery; fourth, orders cancelled by customers; and, fifth, on merchandise returned by purchasers. These several…
2Cases cited5 opinions
- Wilson v. WernwagSupreme Court of Pennsylvania · 1907
- Taylor v. Enoch Morgan's Sons Co.New York Court of Appeals · 1891
- Jacquin v. BoutardNew York Supreme Court · 1895
- Restein v. McCadden & Bro.Supreme Court of Pennsylvania · 1895
- Lindsay v. Carbon Steel Co.Supreme Court of Pennsylvania · 1900
3Cited by9 opinions
- Johnson v. Fenestra, Inc.Court of Appeals for the Third Circuit · 1962
- Robert H. Fox Co. v. Keystone Driller Co.Court of Appeals for the Third Circuit · 1956
- EC Ernst, Inc. v. Koppers Co., Inc.District Court, W.D. Pennsylvania · 1979
- Jesse Johnson v. Fenestra, IncorporatedCourt of Appeals for the Third Circuit · 1962
- Just Manufacturing Co. v. FalckSupreme Court of Pennsylvania · 1946
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