Billmeyer, Dill & Co. v. Wagner
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Union county: Of May Term 1879, No. 198. Assumpsit by J. H. Wagner against Billmeyer Dill & Co.,;to recover the contract price of a car-load of lumber. The facts in substance were these: On the 7th September 1874, the defendants gave the plaintiff an order to furnish 2274 feet linear measure, white oak timber, and to mark as shipped by defendants to Phillipsburg Manufacturing Company at Hobo-ken, N. J., price, $27 per thousand.
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Error to the Court of Common Pleas of Union county: Of May Term 1879, No. 198. Assumpsit by J. H. Wagner against Billmeyer Dill & Co.,;to recover the contract price of a car-load of lumber. The facts in substance were these: On the 7th September 1874, the defendants gave the plaintiff an order to furnish 2274 feet linear measure, white oak timber, and to mark as shipped by defendants to Phillipsburg Manufacturing Company at Hobo-ken, N. J., price, $27 per thousand. The plaintiff same day accepted the order; and on the 23d of September 1874, notified the defendants that one car-load was…
1Opinion of the CourtJustice Sterrett
The contract between the parties was broken by the plaintiff below, in at least two particulars. Instead of consigning the lumber according to agreement, to the Phillipsburg Manufacturing Co., Hoboken, New Jersey, his agent, by mistake, sent it to the Jersey City Car Shops, in consequence of which it was delayed, and increased freight charges were incurred. He also agreed to to notify defendants when the lumber was loaded on cars, ready to move, so that they might promptly advise the Phillipsburg Manufacturing Company of the shipment. In this, also, a mistake occurred in notifying them two…
2Cases cited1 opinion
- Griffin v. . ColverNew York Court of Appeals · 1858
3Cited by16 opinions
- Taylor v. KaufholdSupreme Court of Pennsylvania · 1951
- Adams v. SpeckmanSupreme Court of Pennsylvania · 1956
- Krauss v. GreenbargCourt of Appeals for the Third Circuit · 1943
- MacChia v. MegowSupreme Court of Pennsylvania · 1946
- Raby, Inc. v. Ward-Meehan Co.Supreme Court of Pennsylvania · 1918
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