Fruit Dispatch Co. v. Magee
Superior Court of Pennsylvania
Appeal, No. 272, Oct. T., 1913, by plaintiff, from judgment of C. P. Northampton Co., April T., 1912, No. 70, on verdict for plaintiff in case of Fruit' Dispatch Company v. Horace L. Magee, et ál., trading as Magee Brothers. Assumpsit for goods sold and delivered. Before Stewart, P. .'J. The court charged in part as follows: ■ The action that you are .now trying is one brought by the Fruit Dispatch Company against the firm of Magee Bros.
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Appeal, No. 272, Oct. T., 1913, by plaintiff, from judgment of C. P. Northampton Co., April T., 1912, No. 70, on verdict for plaintiff in case of Fruit' Dispatch Company v. Horace L. Magee, et ál., trading as Magee Brothers. Assumpsit for goods sold and delivered. Before Stewart, P. .'J. The court charged in part as follows: ■ The action that you are .now trying is one brought by the Fruit Dispatch Company against the firm of Magee Bros. The suit is brought, in the first instance, to recover a bill for some cocoanuts and some bananas which were sold by the plaintiff to Magee Bros., and the…
1Opinion of the Court
Opinion by
Képhart, J.,
This is an appeal from an action by thé fruit company as plaintiff against Magee Brothers, defendants, for produce, and a, counter claim for damages for failure to ship bananas as agreed upon. The verdict sustained defendant’s counter claim which the court below refused to disturb. Hence this appeal.
The defendants presented evidence showing that on December 15,1910, in Philadelphia, they made and concluded a contract for the shipment of a car of bananas from New York on the 16th. This contract did not depend on any memorandum of acknowledgment and stipulation therein…
2Cases cited3 opinions
- Singer Manufacturing Co. v. ChristianSupreme Court of Pennsylvania · 1905
- American Car & Foundry Co. v. Alexandria Water Co.Supreme Court of Pennsylvania · 1907
- Buckwalter Stove Co. v. Central Trust & Savings Co.Superior Court of Pennsylvania · 1913
3Cited by2 opinions
- Bayne v. Proctor & Gamble Distributing Co.Superior Court of Pennsylvania · 1925
- Di Guiseppe v. Guzzetto Bros., Pennsylvania Court of Common Pleas, Northampton County1925