Carvill v. Garrigues
Supreme Court of Pennsylvania
In error from tbe Common Pleas of Delaware county. April 5. In this action tbe plaintiff declared: 1. For not accepting goods according to contract. 2. For damages on a re-sale; and 3. For goods sol'd. The pleas were, non-assumpsit and payment. On the trial, the plaintiff showed a written order for the purchase by the plaintiff, on account of defendant, of various parcels of scantling, plank, and boards, the gross prices of each lot being set down in the margin.
Read the full summary
In error from tbe Common Pleas of Delaware county. April 5. In this action tbe plaintiff declared: 1. For not accepting goods according to contract. 2. For damages on a re-sale; and 3. For goods sol'd. The pleas were, non-assumpsit and payment. On the trial, the plaintiff showed a written order for the purchase by the plaintiff, on account of defendant, of various parcels of scantling, plank, and boards, the gross prices of each lot being set down in the margin. He then read a letter from the deféndant, giving notice that he would take no more'lumber from the plaintiff, but would pay the…
1Opinion of the CourtBurnside, J.
The order for the lumber was in writing. It stated the kind and quantity. Part was delivered before the 10th January, 1845, when Carvill, by letter, gave Garri*153gues notice he ■ would not receive any more. The lumber not delivered was sold at public sale by G-arrigues, on notice, at the risk of Carvill. After the plaintiff had closed his evidence, the defendant offered to prove, “ that the plaintiff purchased other lumber in Philadelphia, and delivered the same to the defendant,, in pursuance of their agreement; that the plaintiff purchased it at oné price and sold it at another to the…
2Cases cited2 opinions
- Hess v. HeebleSupreme Court of Pennsylvania · 1820
- Sterner v. GowerSupreme Court of Pennsylvania · 1842
3Cited by7 opinions
- Fields v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1922
- Pasquinelli v. Southern Macaroni Mfg. Co.Supreme Court of Pennsylvania · 1922
- Sprague v. AdamsWashington Supreme Court · 1926
- Speier v. Locust Laundry, Inc.Superior Court of Pennsylvania · 1914
- Burt v. North Philadelphia Trust Co.Superior Court of Pennsylvania · 1911
2 more not listed; retrieve them via the Exa API.