Nomordust Chemical Co. v. J. A. Eberts & Co.
Superior Court of Pennsylvania
Appeal, No. 47, Oct. T., 1914, by defendant, from judgment of C. P. Northampton Co., April T., 1912, No. 53, on verdict for plaintiff in case of Nomordust Chemical Company v. J. A. Eberts & Company, Incorporated. Assumpsit to recover the price of a quantity of a dustless sweeping compound. Before Stewart, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 47, Oct. T., 1914, by defendant, from judgment of C. P. Northampton Co., April T., 1912, No. 53, on verdict for plaintiff in case of Nomordust Chemical Company v. J. A. Eberts & Company, Incorporated. Assumpsit to recover the price of a quantity of a dustless sweeping compound. Before Stewart, J. The facts are stated in the opinion of the Superior Court. At the trial when George W. Halliwell, a witness for defendant, was on the stand, the following offer was made: Mr. Doster: We propose to prove by this witness that he is the George W. Halliwell that signed one of these slips…
1Opinion of the Court
Opinion by
Kephart, J.,
The plaintiff sues to recover the price of one car of nomordust shipped to the defendant. The contract had its origin in a conversation between the presidents of the respective companies, resulting in a proposal by letter from the plaintiff and acceptance by the defendant; followed by an order of January 18, 1912, for one minimum car of nomordust, sweeping compound, assortment to be in both package and bulk goods. It was conditioned in the contract that the plaintiff would send a specialty man in the territory wherein the goods were to be sold, at least four times a year…
2Cases cited8 opinions
- Dannemiller v. KirkpatrickSupreme Court of Pennsylvania · 1902
- F. B. Fogel & Co. v. BrubakerSupreme Court of Pennsylvania · 1888
- Ballentine v. RobinsonSupreme Court of Pennsylvania · 1863
- Unexcelled Fire-Wks. Co. v. PolitesSupreme Court of Pennsylvania · 1890
- Jones v. Jennings Bros. & Co.Supreme Court of Pennsylvania · 1895
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